McClinton v. Kelley

Filing 2

ORDER directing the Clerk to mail Petitioner an Application to Proceed Without Prepayment of Fees and calculation sheet. The Clerk shall also modify the docket to reflect the correct spelling of Ms. Kelley's name. Signed by Magistrate Judge Joe J. Volpe on 12/1/2015. (lej)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
EDMOND MCCLINTON,
ADC # 107846,
v.

PETITIONER

5:15CV00374-SWW-JJV

WENDY KELLEY, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

Mr. McClinton, an inmate in the Cummins Unit of the Arkansas Department of Correction,
has filed a pro se Petition for a Writ of Habeas Corpus. (Doc. No. 1.) However, he has not paid the
$5.00 filing fee, nor has he filed a proper and complete Application to Proceed Without Prepayment
of Fees and Affidavit. Mr. McClinton is, therefore, directed to submit within thirty days from the
entry date of this Order either the $5.00 filing fee or a proper and complete Application with
calculation sheet and certified copy of his trust fund account statement for the preceding six months.
Mr. McClinton’s failure to comply with this Order may result in the dismissal of his case without
prejudice.1 The Clerk of the Court shall mail to Mr. McClinton an Application to Proceed Without
Prepayment of Fees and calculation sheet. The Clerk shall also modify the docket to reflect the
correct spelling of Ms. Kelley’s name.
SO ORDERED this 1st day of December, 2015.

JOE J. VOLPE
UNITED STATES MAGISTRATE JUDGE

1

Local Rule 5.5(c)(2) provides: “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.”