Mumin v. Hansen

Filing 8

MEMORANDUM AND 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. The clerk of the court is directed to change the designation of this case in CM/ECF from "2241" to "2254" and add the Nebraska Attorney General as an interested party. 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
DUKHAN MUMIN,
Petitioner,

8:18CV102

vs.
MEMORANDUM
AND ORDER

BRAD HANSEN,
Respondent.

Petitioner filed a Petition for Writ of Habeas Corpus1 (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. 7), 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).
IT IS THEREFORE ORDERED that:
1.
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.

1

Petitioner used the form for a petition for writ of habeas corpus under 28 U.S.C. § 2241,
but Petitioner’s habeas action is properly classified as being brought pursuant to 28 U.S.C. §
2254 as he indicates he is being held pursuant to a state criminal conviction. (See Filing No. 1.)

2.
The clerk of the court is directed to change the designation of this case
in CM/ECF from “2241” to “2254” and add the Nebraska Attorney General as an
interested party.
Dated this 28th day of March, 2018.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

2