Red Kettle v. Scott Frakes
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,
STATE OF NEBRASKA,
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).
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:
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
August 12, 2013: deadline for payment of $5.00 filing
DATED this 20th day of June, 2013.
BY THE COURT:
/s/ Lyle E. Strom
LYLE E. STROM, Senior Judge
United States District Court
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