Moss v. Frakes

Filing 5

ORDER - 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 Richard G. Kopf. (Copy mailed to pro se party) (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BOBBY J. MOSS,
Petitioner,
v.
SCOTT FRAKES,
Respondent.

)
)
)
)
)
)
)
)
)
)

8:16CV479

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. 3), 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 25th day of October, 2016.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge