Oliveira v. County Attorney
MEMORANDUM AND ORDER granting 2 Petitioner's Motion for Leave to Proceed in forma pauperis. Petitioner will not be required to pay the $5.00 fee at this time. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(JAB)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOSE CARLOS OLIVEIRA,
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), and a
copy of his institutional trust account statement (filing no. 6).
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 July, 2013.
BY THE COURT:
s/ John M. Gerrard
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?