Escobar v. Pottawattamie County Jail et al
Filing
6
MEMORANDUM AND ORDER - The Motion for Leave to Proceed in Forma Pauperis (filing no. 2 ) is provisionally granted and the petitioner will not be required to pay the $5.00 fee at this time. Ordered by Senior Judge Warren K. Urbom. (Copy mailed/e-mailed to pro se party)(GJG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
HECTOR MELENDEZ ESCOBAR,
Petitioner,
v.
POTTAWATTAMIE COUNTY
JAIL, and DEPARTMENT OF
HOMELAND SECURITY,
IMMIGRATION AND CUSTOMS
ENFORCEMENT,
Respondents.
)
)
)
)
)
)
)
)
)
)
)
)
)
8:11CV112
MEMORANDUM
AND ORDER
The petitioner, Hector Melendez Escobar, 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 institutional trust account statement
(filing no. 5).
Habeas corpus cases attacking the legality of a person’s confinement require
the payment of a $5.00 fee. 28 U.S.C. § 1914(a). However, pursuant to 28 U.S.C. §
1915(a)(1)-(2), and after considering the petitioner’s financial status as shown in the
records of this court, provisional leave to proceed in forma pauperis will be granted
and the petitioner is relieved from paying the fee at this time.
IT IS THEREFORE ORDERED that the Motion for Leave to Proceed in Forma
Pauperis (filing no. 2) is provisionally granted and the petitioner will not be required
to pay the $5.00 fee at this time.
Dated May 11, 2011.
BY THE COURT
s/ Warren K. Urbom
United States Senior District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?