Freeman v. Norris

Filing 2

ORDER directing petitioner to either file, on or before December 8, 2008, the $5.00 filing fee in full or file an Application to Proceed IFP along with a prisoner trust fund calculation sheet, which the Clerk is directed to send to petitioner. Signed by Judge James M. Moody on 11/11/08. (bkp)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION FLOYD L. FREEMAN ADC #107506 VS. LARRY NORRIS, Director, Arkansas Department of Correction ORDE R Petitioner, an inmate at the Randall Williams Unit of the Arkansas Department of Correction, has filed a Petition for a Writ of Habeas Corpus under 28 U.S.C. 2254. (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, 5:08CV00278 JMM/JTR PETITIONER RESPONDENT Any payment Petitioner sends to the Court must clearly indicate that it is for payment of the filing fee in "Freeman v. Norris; 5:08CV00278 JMM/JTR." The Prisoner Trust Fund Calculation Sheet must be prepared and signed by an authorized officer at the incarcerating facility. 1 2 1 pursuant to Local Rule 5.5(c)(2).3 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 December 8, 2008, 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 November, 2008. UNITED STATES MAGISTRATE JUDGE 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 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 3

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