Bullard v. Lewis et al

Filing 17

ORDER that Petitioners application to proceed in forma pauperis is ALLOWED and the $5.00 filing fee is waived. Signed by Chief Judge Robert J. Conrad, Jr on 11/20/2012. (Pro se litigant served by US Mail.)(thh)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:12-cv-169-RJC
GREGORY LAMONT BULLARD EL,

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Plaintiff,
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v.
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ROBERT LEWIS,
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SUSAN WHITE,
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Defendants.
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____________________________________)

ORDER

THIS MATTER is before the Court on its own motion. On July 16, 2012, Plaintiff filed
a complaint under 42 U.S.C. § 1983. (Doc. No. 1). Following an initial review, the Court
determined that Plaintiff’s civil action was properly considered an action for habeas corpus
under 28 U.S.C. § 2254 because Plaintiff was attacking the fact of his confinement. The Court
then reviewed the allegations and concluded that Petitioner was not entitled to habeas relief and
entered an Order denying and dismissing his petition and declined to issue a certificate of
appealability. (Doc. No. 10).
Filed with his complaint, was an application to proceed without prepayment of fees or
costs (IFP Application). (Doc. No. 1-1). The Court finds that based on the evidence contained in
his IFP Application, the $5.00 filing fee required for petitions filed under Section 2254 should be
waived.
IT IS, THEREFORE, ORDERED that Petitioner’s application to proceed in forma
pauperis is ALLOWED and the $5.00 filing fee is waived. (Doc. No. 1-1).

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Signed: November 20, 2012

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