Clayborne v. State of Nebraska

Filing 7

MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Petitioner's Motion for Leave to Proceed in Forma Pauperis (Filing No. 2 ) is granted. The next step in this case is for the court to conduct a preliminary review of the habeas corpus petition in accordance with Rule 4 of the Rules Governing Section 2254 cases. The court will conduct this review in its normal course of business. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ROBERT E. CLAYBORNE, JR.,
Petitioner,
v.
STATE OF NEBRASKA,
Respondent.

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8:15CV378

MEMORANDUM
AND ORDER

Petitioner filed a Petition for Writ of Habeas Corpus (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 filing fee. 28
U.S.C. § 1914(a). However, after considering Petitioner’s financial status as shown in
the records of this court (see inmate trust account statement at Filing No. 5), provisional
leave to proceed in forma pauperis will be granted and Petitioner is relieved from paying
the filing fee at this time. See 28 U.S.C. § 1915(a)(1).
IT IS THEREFORE ORDERED that: Petitioner’s Motion for Leave to Proceed in
Forma Pauperis (Filing No. 2) is granted. The next step in this case is for the court to
conduct a preliminary review of the habeas corpus petition in accordance with Rule 4 of
the Rules Governing Section 2254 cases. The court will conduct this review in its normal
course of business.
DATED this 28th day of October, 2015.
BY THE COURT:
s/ Joseph F. Bataillon
Senior United States District Judge
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