Floyd v. Houston
MEMORANDUM AND ORDER provisionally granting the 2 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 Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
WILLIAM C. FLOYD JR.,
ROBERT P. HOUSTON,
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. 3).
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 16th day of July, 2013.
BY THE COURT:
s/ Joseph F. Bataillon
United States District Judge
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