Tyler v. Huber et al
MEMORANDUM AND ORDER regarding: Petition for Writ of Habeas Corpus 1 and MOTION for Leave to Proceed in forma pauperis 2 . IT IS ORDERED: The application to proceed in forma pauperis (Filing No. 2 ) is provisionally granted, but petitioner must pay the $5.00 filing fee by May 27, 2011. The clerk of the court is directed to set a pro se case management deadline in this case with the following text: May 27, 2011: deadline for payment of $5.00 filing fee. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party) (TEL)
-PRSE Tyler v. Huber et al
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA BILLY TYLER, ) ) Petitioner, ) ) v. ) ) HUBER and DOUGLAS COUNTY ) DISTRICT COURT, ) ) Respondents. ) ______________________________)
MEMORANDUM AND ORDER
Petitioner has filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254 (Filing No. 1) and a Motion for Leave to Proceed in Forma Pauperis (Filing No. 2). 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: 1) The application to proceed in forma pauperis
(Filing No. 2) is provisionally granted, but petitioner must pay the $5.00 filing fee by May 27, 2011.
The clerk of the court is directed to set a pro se
case management deadline in this case with the following text: May 27, 2011: deadline for payment of $5.00 filing fee. DATED this 30th day of March, 2011. BY THE COURT: /s/ Lyle E. Strom ____________________________ LYLE E. STROM, Senior Judge United States District Court
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