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MATTHIES v. HOUSTON, 4:12CV3069. (2012)

Court: District Court, D. Nebraska Number: infdco20120503a96 Visitors: 1
Filed: May 02, 2012
Latest Update: May 02, 2012
Summary: MEMORANDUM AND ORDER LYLE E. STROM, Senior District Judge. Petitioner has filed a Petition for Writ of Habeas Corpus under 28 U.S.C. 2254 (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 fee. 28 U.S.C. 1914(a). However, pursuant to 28 U.S.C. 1915(a)(1)-(2) , and after considering petitioner's financial status as shown in the records of this Court
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MEMORANDUM AND ORDER

LYLE E. STROM, Senior District Judge.

Petitioner has filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254 (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 fee. 28 U.S.C. § 1914(a). However, pursuant to 28 U.S.C. § 1915(a)(1)-(2), and after considering petitioner's financial status as shown in the records of this Court, provisional leave to proceed in forma pauperis will be granted, but petitioner must nevertheless pay the $5.00 fee within 60 days. The Court cautions petitioner that failure to adequately comply with this order may result in dismissal of his petition without further notice.

IT IS ORDERED:

1. The application to proceed in forma pauperis (Filing No. 2) is provisionally granted, but petitioner must pay the $5.00 filing fee by July 2, 2012.

2. The clerk of the court is directed to set a pro se case management deadline in this case with the following text: July 2, 2012: deadline for payment of $5.00 filing fee.

Source:  Leagle

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