Freeman v. Houston et al

Filing 7

MEMORANDUM AND ORDER - The Motion for Leave to Proceed in Forma Pauperis (filing no. 2 ) is provisionally granted and Petitioner will not be required to pay the $5.00 fee at this time. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party) (TEL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
THOMAS E. FREEMAN,

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Petitioner,
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v.
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ROBERT P. HOUSTON, Director,
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Department of Corrections, and
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FRED BRITTEN, Warden, Tecumseh )
Corr. Inst.,
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Respondents.
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8:12CV262

MEMORANDUM
AND 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 institutional 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. 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. 2) is
provisionally granted and Petitioner will not be required to pay the $5.00 fee at this
time.
DATED this 11th day of September, 2012.

BY THE COURT:
s/ Joseph F. Bataillon
United States District Judge

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