McCrary v. Purkett

Filing 3

ORDER that the Clerk of Court shall forward to petitioner a form"Motion to Proceed In Forma Pauperis and Affidavit in Support -- Habeas Cases."IT IS FURTHER ORDERED that petitioner shall have thirty (30) days from the date of thisorder eith er to pay the statutory filing fee of $5, or to submit a completed form "Motion to Proceed"In Forma Pauperis and Affidavit in Support -- Habeas Cases." Response to Court due by 4/30/2007.. Signed by Judge Carol E. Jackson on 3/29/07. (Attachments: # 1 Motion to Proceed IFP...)(LLW, )

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McCrary v. Purkett Doc. 3 Case 4:07-cv-00584-CEJ-TCM Document 3 Filed 03/29/2007 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION JERRY McCRARY, Petitioner, vs. JAMES PURKETT, Respondent. ) ) ) ) ) ) ) ) ) ORDER This matter is before the Court upon the application of Jerry McCrary for a writ of habeas corpus. The Court, however, cannot review the merits of the instant petition at this time, because petitioner has submitted neither the $5 filing fee nor a form "Motion to Proceed In Forma Pauperis and Affidavit in Support -- Habeas Cases." As such, the Court will give petitioner an opportunity either to pay the $5 filing fee, see 28 U.S.C. 1914, or to request leave to proceed in forma pauperis. See 28 U.S.C. 1915; Local Rule 2.05(A). Therefore, IT IS HEREBY ORDERED that the Clerk of Court shall forward to petitioner a form "Motion to Proceed In Forma Pauperis and Affidavit in Support -- Habeas Cases." IT IS FURTHER ORDERED that petitioner shall have thirty (30) days from the date of this order either to pay the statutory filing fee of $5, or to submit a completed form "Motion to Proceed In Forma Pauperis and Affidavit in Support -- Habeas Cases." IT IS FURTHER ORDERED that if petitioner fails to pay the filing fee or to submit the form motion and affidavit within thirty (30) days, the Court will dismiss this action without prejudice. See Rule 41(b) of the Federal Rules of Civil Procedure. Case No. 4:07-CV-584 CEJ Dockets.Justia.com Case 4:07-cv-00584-CEJ-TCM Document 3 Filed 03/29/2007 Page 2 of 2 IT IS FURTHER ORDERED that if petitioner submits the form motion and affidavit, or pays the filing fee within thirty (30) days, the Clerk of Court shall cause this action to be resubmitted to the Court for review under 28 U.S.C. 1915 or the Rules Governing Section 2254 Cases in the United States District Courts. Dated this 29th day of March, 2007. _________________________________ UNITED STATES DISTRICT JUDGE 2

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