Nesbitt v. Houston

Filing 4

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 Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(AOA)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA THOMAS EDWARD NESBITT, Petitioner, v. ROBERT HOUSTON, Director NDCS, Respondent. ) ) ) ) ) ) ) ) ) ) 8:13CV75 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. 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 25th day of March, 2013. BY THE COURT: S/Laurie Smith Camp Chief United States District Judge

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