Higgins v. Douglas County District Court et al

Filing 4

MEMORANDUM AND ORDER that the Petitioners 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) (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOSEPH W. HIGGINS,
Petitioner,

8:17CV104

vs.
DOUGLAS COUNTY DISTRICT
COURT, and LINCOLN REGIONAL
CENTER,

MEMORANDUM
AND ORDER

Respondents.
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
motion, leave to proceed in forma pauperis will be granted and Petitioner is
relieved from paying the filing fee. See 28 U.S.C. § 1915(a)(1) (requiring the
plaintiff to submit an affidavit that includes a statement of all assets such prisoner
possesses that the person is unable to pay such fees or give security therefor”).
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 March, 2017.

BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

2