Davis v. Gage et al
MEMORANDUM AND ORDER granting Petitioner's 2 Motion for Leave to Proceed in forma pauperis. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(MKR)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BRIAN GAGE, Warden, Tecumseh
State Correctional Institute, and
MIKE KENNEY, Director, Nebraska
Department of Corrections,
CASE NO. 8:14CV265
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). 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: Petitioner’s Motion for Leave to Proceed in
Forma Pauperis (Filing No. 2) is granted.
DATED this 12th day of September, 2014.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge
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