Hervey v. Hobbs

Filing 3

ORDER directing petitioner to either pay the $5.00 filing fee in full or file a properly completed application to proceed ifp. The Clerk is directed to forward to petitioner an application to proceed ifp. Signed by Magistrate Judge Jerome T. Kearney on 4/30/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

MARVIS LASHAUN HERVEY,
ADC # 146833
Petitioner,
v.
RAY HOBBS, Director,
Arkansas Department of Correction
Respondent.

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Case No. 5:12-CV-00151 JMM-JTK

ORDER
Petitioner, an inmate in the Arkansas Department of Correction, has filed a Petition
for Writ of Habeas Corpus under 28 U.S.C. § 2254 (Doc. No. 1). He 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 full1 or (2) file a properly completed application to proceed in forma pauperis. 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).2
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Any payment Petitioner sends to the Court must clearly indicate that it is for payment of the filing
fee in “Hervey v. Hobbs, 5:12-CV-00151 JMM-JTK.”
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Petitioner is hereby notified of his responsibility to comply with the Local Rules of the Court,
including Rule 5.5(c)(2), which states the following:
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
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IT IS THEREFORE ORDERED THAT:
1. The Clerk of Court is to forward to Petitioner an application to proceed in forma
pauperis.
2. Within thirty (30) days of the entry-date of this Order, Petitioner must either (1) pay
the $5.00 statutory filing fee in full or (2) file a properly completed application to
proceed in forma pauperis.
SO ORDERED this 30th day of April, 2012.

____________________________________
United States Magistrate Judge

familiar with and follow the Federal Rules of Civil Procedure.
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