Harper v. Houston et al
MEMORANDUM AND ORDER - The Motion for Leave to Proceed in Forma Pauperis (Filing No. 7 ) is provisionally granted and Petitioner will not be required to pay the $5.00 fee at this time. Ordered by Judge Laurie Smith Camp. (Copy mailed/e-mailed to pro se party)(GJG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ERNEST C. HARPER,
ROBERT P. HOUSTON, Director
Nebraska Department of Corr., FRED
BRITTEN, Warden, Tecumseh
Correctional Inst., and NEBRASKA
DEPARTMENT OF CORRECTIONAL
CASE NO. 8:11CV324
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. 7), and a copy
of his institutional trust account statement (Filing No. 8).
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 Petitioner’s financial status as shown in the records
of this court, provisional leave to proceed in forma pauperis will be granted and 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. 7) is provisionally
granted and Petitioner will not be required to pay the $5.00 fee at this time.
DATED this 12th day of October, 2011.
BY THE COURT:
s/Laurie Smith Camp
United States District Judge
*This opinion may contain hyperlinks to other documents or Web sites. The U.S. District
Court for the District of Nebraska does not endorse, recommend, approve, or guarantee any third
parties or the services or products they provide on their Web sites. Likewise, the court has no
agreements with any of these third parties or their Web sites. The court accepts no responsibility
for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases to work
or directs the user to some other site does not affect the opinion of the court.
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?