Red Kettle v. Scott Frakes
Filing
7
MEMORANDUM AND ORDER - The application to proceed in forma pauperis (Filing No. 2 ) is provisionally granted, but petitioner must pay the $5.00 filing fee by August 12, 2013. The clerk of the court is directed to set a pro se case management deadline in this case with the following text: August 12, 2013: deadline for payment of $5.00 filing fee.Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(GJG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BYRON K. RED KETTLE,
Plaintiff,
v.
STATE OF NEBRASKA,
Defendant.
)
)
)
)
)
)
)
)
)
)
8:13CV171
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 prisoner 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.
U.S.C. § 1914(a).
28
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, but
petitioner must nevertheless pay the $5.00 fee within 60 days.
The Court cautions petitioner that failure to adequately
comply with this order may result in dismissal of his petition
without further notice.
IT IS ORDERED:
1.
The application to proceed in forma pauperis
(Filing No. 2) is provisionally granted, but petitioner must
pay the $5.00 filing fee by August 12, 2013.
2.
The clerk of the court is directed to set a pro
se case management deadline in this case with the following
text:
August 12, 2013: deadline for payment of $5.00 filing
fee.
DATED this 20th day of June, 2013.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court
* 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.
-2-
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?