McDougald v. Houston et al

Filing 6

MEMORANDUM AND ORDER - 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. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
KEITH MCDOUGALD,

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Petitioner,
V.
ROBERT P. HOUSTON, Director, and
FRED BRITTEN, Warden, et al.,
Respondents.

8:13CV00151

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. 5).
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 31st day of May, 2013.
BY THE COURT:

s/ Joseph F. Bataillon
United States District Judge
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