Tidwell v. Hobbs

Filing 2

ORDER directing the Clerk of Court to forward to Petitioner an application to proceed in forma pauperis and directing the Petitioner, within 30 days of the entry-date of this Order, to either pay the $5.00 statutory filing fee in full or file a properly completed application to proceed in forma pauperis. Signed by Magistrate Judge Jerome T. Kearney on 08/11/2014. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
DAVID LEE TIDWELL,
ADC # 141699
Petitioner,
v.
RAY HOBBS, Director,
Arkansas Department of Correction
Respondent.

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Case No. 5:14-CV-00290 DPM-JTK

ORDER
Petitioner, an inmate in the Arkansas Department of Correction, has filed a Petition for
Writ of Habeas Corpus. (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, she 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
Petitioner should also resubmit her petition using the appropriate form for seeking federal habeas
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Any payment Petitioner sends to the Court must clearly indicate that it is for payment of the
filing fee in “Tidwell v. Hobbs, 5:14-CV-00290 DPM-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 familiar with and follow the Federal Rules of Civil Procedure.
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relief.
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 11th day of August, 2014.

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United States Magistrate Judge

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