Trice v. State of Arkansas

Filing 2

ORDER directing clerk to provisionally file 1 Petition for Writ of Habeas Corpus nunc pro tunc as of 8/5/11, provide petitioner a blank application to proceed in forma pauperis. Petitioner shall complete and return the application to proceed in forma pauperis or pay the filing fee on or before 9/19/11. Furthermore, the clerk is directed to substitute the State of Arkansas as the respondent in this case. Signed by Honorable James R. Marschewski on August 22, 2011. (lw)

IN THE UNITED STATESDISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
PLAINTIFF

ELLIS TRICB
v.

civir 11- I SB
No. a
DEFENDANT

STATE OF ARKANSAS

ORDER
Department Correction,
of
Delta Regional
Unit, Dermott,
Ellis Trice, a prisonerof the Arkansas
2?54for filing inthisdistrict.
corpus
under U.S.C.section
28
Arkansas,
submitted petitionfor writ of habeas
a
to
inJbrmapauperisin this matter,
Pctitioner not submita filing feeor an application proceed
did
file
The Clerkof Cour-t DIRECTED to provisionally the petitionnuncpro tuncas of August5,
is
informa
to
a
to
201l. TheClerkis FURTHER DIRECTED to provide Petitioner blankapplication procecd
paupens.
ln
shallcomplete returntheapplication proceed
and
to
IT IS HEREBY ORDERED that Petitioner
19,
./rrr*o pauperisor pay thc filing feefor this action on or beforeSeptember 2011. Failureto retuma
of
or
completed
application to pay theflling feewill resultin thedismissal this matter.
in
has
Pulaski
County therespondent hispetition.However,
as
FURTHERMORE, Petitioner named
is
Petitioner's
criminalconviction theCrawfordCountyCircuit Court. As Petitioner
in
thepetitionconcerns
in
Department Correction,
of
conviction is heldby thestate Arkansas theArkansas
and
of
challenging state
a
in
as
the
the Clerk is directedto substitute Stateof Arkansas the respondent the caseIT IS SO ORDEREDtrrisftn day of August20ll.

EF TJNITED
STATESMAGISTRATEJUDGE

US DISTRICTCOI.IRT
VIESTERN
DIST ARKANSAS
FILED

AUG2 20tl
2
HrS

R.JOIINSON,
Cterk
DEFtryCInt