On v. Houston
Filing
5
MEMORANDUM AND ORDER provisionally granting 3 Motion for Leave to Proceed in forma pauperis. Plaintiff will not be required to pay the $5.00 fee at this time. Ordered by Senior Judge Warren K. Urbom. (Copy mailed to pro se party) (JSF)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
TRI Q. ON,
Petitioner,
v.
ROBERT HOUSTON,
Respondent.
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8:11CV282
MEMORANDUM
AND ORDER
The petitioner, Tri Q. On, has filed a Petition Under 28 U.S.C. § 2254 for Writ
of Habeas Corpus by a Person in State Custody, (filing no. 1), a Motion to Proceed
In Forma Pauperis (filing no. 3), and a copy of his Institutional Account Statement
(filing no. 4).
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 Tri Q. On’s financial status as shown in the
records of this court, provisional leave to proceed in forma pauperis will be granted
and Tri Q. On is relieved from paying the fee at this time.
IT IS THEREFORE ORDERED that:
The Motion to Proceed In Forma Pauperis (filing no. 3) is provisionally granted
and Tri Q. On will not be required to pay the $5.00 fee at this time.
Dated September 7, 2011.
BY THE COURT
s/ Warren K. Urbom
United States Senior District Judge
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