Robinson v. Milburn

Filing 2

ORDER IT IS HEREBY ORDERED that the Clerk of Court shall forward to petitioner a formMotion 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. 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. Response to Court due by 3/19/2012. Signed by Honorable Jean C. Hamilton on 2/19/12. cc: Forms mailed to petitioner.(CLA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

ALLEN ROBINSON-BEY,
Petitioner,
vs.
PENNY MILBURN,
Respondent.

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Case No. 4:12-CV-0061-JCH

ORDER
This matter is before the Court upon the application of Allen Robinson-Bey for a Petition for
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.

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 19th day of February, 2012.

/s/Jean C. Hamilton
JEAN C. HAMILTON
UNITED STATES DISTRICT JUDGE

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