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ILDEFONSO v. GAGE, 4:13CV3110. (2013)

Court: District Court, D. Nebraska Number: infdco20130613b14 Visitors: 15
Filed: Jun. 12, 2013
Latest Update: Jun. 12, 2013
Summary: MEMORANDUM AND ORDER WARREN K. URBOM, Senior District Judge. The petitioner, Arlyn P. Ildefonso ("Ildefonso"), has filed a Petition Under 28 U.S.C. 2254 for Writ of Habeas Corpus by a Person in State Custody (Filing No. 1 ), a Motion for Leave to Proceed in Forma Pauperis (Filing No. 2 ), and a copy of his institutional trust account statement (Filing No. 3 ). Habeas corpus cases attacking the legality of a person's confinement require the payment of a $5.00 fee. 28 U.S.C. 1914(a). H
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MEMORANDUM AND ORDER

WARREN K. URBOM, Senior District Judge.

The petitioner, Arlyn P. Ildefonso ("Ildefonso"), has filed a Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody (Filing No. 1), a Motion for Leave to Proceed in Forma Pauperis (Filing No. 2), and a copy of his institutional trust account statement (Filing No. 3).

Habeas corpus cases attacking the legality of a person's confinement require the payment of a $5.00 fee. 28 U.S.C. § 1914(a). However, pursuant to 28 U.S.C. § 1915(a)(1)-(2), and after considering Ildefonso's financial status as shown in the records of this court, provisional leave to proceed in forma pauperis will be granted and Ildefonso is relieved from paying the fee at this time.

IT IS THEREFORE ORDERED that the Motion for Leave to Proceed in Forma Pauperis (filing no. 2) is provisionally granted and Ildefonso will not be required to pay the $5.00 fee at this time.

Source:  Leagle

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