Rodgers v. Sanders

Filing 4

ORDER directing petitioner to either pay the $5.00 filing fee or file a properly completed application to proceed ifp on or before February 14, 2006; and directing Clerk to send to petitioner an application to proceed ifp . Signed by Judge J. Thomas Ray on 1/17/06. (bkp) (Modified on 1/25/2006 - duplicate of entry #2)(bfw).

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Rodgers v. Sanders Doc. 4 Case 2:06-cv-00001-JTR Document 4 Filed 01/17/2006 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION AARON RODGERS REG. #22656-009 VS. LINDA SANDERS, Warden, FCI, Forrest City, Arkansas ORDE R Petitioner, who is currently incarcerated at the Federal Correctional Institute located in Forrest City, Arkansas, filed a Petition for a Writ of Habeas Corpus under 28 U.S.C. 2241. (Docket entry #1.) The Court notes that Petitioner has neither paid the $5.00 filing fee nor filed an Application to Proceed In Forma Pauperis. If Petitioner wishes to proceed with this action, he must either: (1) pay the $5.00 filing fee in full;1 or (2) file a properly completed Application to Proceed In Forma Pauperis along with a Prisoner Trust Fund Calculation Sheet.2 Petitioner is hereby advised that the failure to timely and properly comply with this Order could result in the dismissal of this habeas action, without prejudice, pursuant to Local Rule 5.5(c)(2).3 1 PETITIONER 2:06CV00001 JLH/JTR RESPONDENT Any payment Petitioner sends to the Court must clearly indicate that it is for payment of the filing fee in "Rodgers v. Sanders; 2:06CV00001 JLH/JTR." The Prisoner Trust Fund Calculation Sheet must be prepared and signed by an authorized officer at the incarcerating facility. Local Rule 5.5(c)(2) provides that: "It is the duty of any party not represented by counsel to promptly notify the Clerk and the other parties to the proceedings of any change in his or her address, to monitor the progress of the case, and to prosecute or defend the action diligently. A party 3 2 Dockets.Justia.com Case 2:06-cv-00001-JTR Document 4 Filed 01/17/2006 Page 2 of 2 IT IS THEREFORE ORDERED THAT: 1. The Clerk is directed to send Petitioner an Application to Proceed In Forma Pauperis, along with a Prisoner Trust Fund Calculation Sheet (civil form AO240). 2. If Petitioner wishes to continue with this action, he must, on or before February 14, 2006, either: (1) pay the $5.00 filing fee in full; or (2) file a properly completed Application to Proceed In Forma Pauperis along with a Prisoner Trust Fund Calculation Sheet. Dated this 17th day of January, 2006. UNITED STATES MAGISTRATE JUDGE appearing for himself/herself shall sign his/her pleadings and state his/her address, zip code, and telephone number. If any communication from the Court to a pro se plaintiff is not responded to within thirty (30) days, the case may be dismissed without prejudice. Any party proceeding pro se shall be expected to be familiar with and follow the Federal Rules of Civil Procedure." (Emphasis added.)

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