Albrecht v. Sanders
ORDER that if petitioner wishes to continue with this action, he must on or before 5/26/06 either (1) pay the $5.00 filing fee in full or (2) file a completed Application for ifp along with Prisoner Trust Fund Calculation Sheet; Clerk is directed to send petitioner an application for ifp along with the Calculation Sheet re 1 Petition. Signed by Judge J. Thomas Ray on 4/28/06. (bsm, )
Albrecht v. Sanders
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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION NICHOLAS DAVID ALBRECHT REG. #07389-046 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, has filed a Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241. (Docket entry #1.) However, 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
PETITIONER 2:06CV00111 WRW/JTR
Any payment Petitioner sends to the Court must clearly indicate that it is for payment of the filing fee in "Albrecht v. Sanders; 2:06CV00111 WRW/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
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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 May 26, 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 28th day of April, 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.) -2-
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