Chae v. Houston

Filing 5

ORDER - IT IS ORDERED that the application to proceed in forma pauperis (Filing No. 2 ) is provisionally granted, but petitioner must pay the $5.00 filing fee by January 20, 2010. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(TCL )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA BONG H. CHAE, ) ) Petitioner, ) ) v. ) ) ROBERT HOUSTON, Director of ) Department of Correctional ) Services, ) ) Respondent. ) ______________________________) 8:09CV416 ORDER Petitioner has filed a petition for writ of habeas corpus under 28 U.S.C. § 2254 (Filing No. 1), a motion for leave to proceed in forma pauperis (Filing No. 2), and a copy of his prisoner trust account statement (Filing No. 3). Habeas corpus cases attacking the legality of a person's confinement require the payment of a $5.00 fee. U.S.C. § 1914(a). However, pursuant to 28 U.S.C. § 28 1915(a)(1)-(2), and after considering petitioner's financial status as shown in the records of this Court, provisional leave to proceed in forma pauperis will be granted, but petitioner must nevertheless pay the $5.00 fee within 60 days. The Court cautions petitioner that failure to adequately comply with this order may result in dismissal of his petition without further notice. IT IS ORDERED that the application to proceed in forma pauperis (Filing No. 2) is provisionally granted, but petitioner must pay the $5.00 filing fee by January 20, 2010. DATED this 24th day of November, 2009. BY THE COURT: /s/ Lyle E. Strom ______________________________ LYLE E. STROM, Senior Judge United States District Court

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