Johnson v. Kelley

Filing 2

ORDER directing the petitioner no later than 11/14/2016 to either pay the $5.00 statutory filing fee in full or file a completed Application to Proceed In Forma Pauperis. The Clerk is directed to forward Petitioner an IFP application. Signed by Magistrate Judge Jerome T. Kearney on 10/13/2016. (jak)

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

CARLOS JOHNSON
ADC #655088
v.

PETITIONER
CASE NO. 5:16-cv-00246 BRW-JTK

WENDY KELLEY, Director
Arkansas Department of Correction

RESPONDENT

ORDER
Petitioner is directed to either (1) pay the $5.00 filing fee in full;1 or (2) file a properly completed
Application to Proceed In Forma Pauperis that includes a Prisoner Trust Fund Calculation Sheet.
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
IT IS THEREFORE ORDERED that the Petitioner, no later than November 14, 2016, either
(1) pay the $5.00 statutory filing fee in full; or (2) file a properly completed Application to Proceed
In Forma Pauperis. The Clerk is directed to forward Petitioner an IFP application.
SO ORDERED this 13th day of October, 2016.

____________________________________
UNITED STATES MAGISTRATE JUDGE

1

Any payment Petitioner sends to the Court must clearly indicate that it is for payment of
the filing fee in Johnson v. Hobbs, Case No. 5:16-cv-00246 BRW-JTK.
2

Local Rule 5.5(c)(2) provides that “[i]t 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.)