Butler v. Outlaw

Filing 5

Order directing the Clerk of the Court to send petitioner an Application to Proceed In Forma Pauperis along with a Prison Trust Fund Calculation Sheet and directing Petitioner to either pay the $5.00 filing fee in full, or file a properly comple ted Application to Proceed IFP along with a Prisoner Trust Fund Calculation Sheet on or before January 12, 2009. Signed by Magistrate Judge J. Thomas Ray on 12/11/08. (bkp) (Modified entry on 12/12/2008 to correct docket text and attach corrected document) (bfw).

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION JOHNNY L. BUTLER REG. #12790-076 VS. T.C. OUTLAW, Warden, FCI Forrest City ORDER Petitioner, an inmate at FCI Forrest City, has filed a Petition for a Writ of Habeas Corpus under 28 U.S.C. 2241. (Docket entry #1.) However, 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 Any payment Petitioner sends to the Court must clearly indicate that it is for payment of the filing fee in "Butler v. Outlaw; 2:08CV00192 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 appearing for himself/herself shall sign his/her pleadings and state his/her address, zip code, and 1 3 2 1 PETITIONER 2:08CV00192 JLH/JTR RESPONDENT 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 January 12, 2009, 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 11th day of December, 2008. UNITED STATES MAGISTRATE JUDGE 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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