Allen v. Frakes

Full title: KEVIN L. ALLEN Petitioner, v. SCOTT FRAKES, Director NDCS, Respondent.

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA

Date published: May 15, 2019

8:19CV212 (D. Neb. May. 15, 2019)

Opinion

8:19CV212

05-15-2019

KEVIN L. ALLEN Petitioner, v. SCOTT FRAKES, Director NDCS, Respondent.

Richard G. Kopf Senior United States District Judge

MEMORANDUM AND ORDER

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 financial status as shown in the records of this court (see inmate trust account statement at filing no. 3), 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: 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 15th day of May, 2019.

BY THE COURT:

s/ Richard G. Kopf

Senior United States District Judge