Hamilton v. Burke

Filing 3

MEMORANDUM AND ORDER re: 2 ORDERED that petitioner's pro se motion to proceed in forma pauperis [Doc. 2] is DENIED without prejudice. FURTHER ORDERED that the Clerk shall mail to petitioner a copy of the Court's Motion to Proceed In Forma Pauperis and Financial Affidavit forms. FURTHER ORDERED that petitioner shall, within twenty-one (21) days of the date of this Order, either (1) pay the $350 filing fee or (2) submit a complete Motion to Proceed In Forma Pauperis and Financial Affidavit, utilizing the Court provided forms. FURTHER ORDERED that if petitioner fails to comply with this Order, the Court will dismiss this action for failure to prosecute.( Response to Court due by 11/27/2012.). Signed by District Judge Jean C. Hamilton on 11/6/12. (Attachments: # 1 Motion to Proceed In Forma Pauperis)(CEL)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION ANTOINE LEVILLE HAMILTON, Petitioner, v. THERESA COUNTS BURKE, Respondent. ) ) ) ) ) ) ) ) ) No. 4:12CV2067 JCH MEMORANDUM AND ORDER This matter is before the Court on petitioner’s pro se “Affidavit of Financial Statement,” which the Court liberally construes as a motion to proceed in forma pauperis. The motion is defective because it does not contain the correct information and petitioner did not file a financial affidavit with it. As a result, the Court will direct petitioner to either pay the statutory filing fee or submit a correct motion and affidavit. Accordingly, IT IS HEREBY ORDERED that petitioner’s pro se motion to proceed in forma pauperis [Doc. 2] is DENIED without prejudice. IT IS FURTHER ORDERED that the Clerk shall mail to petitioner a copy of the Court’s Motion to Proceed In Forma Pauperis and Financial Affidavit forms. IT IS FURTHER ORDERED that petitioner shall, within twenty-one (21) days of the date of this Order, either (1) pay the $350 filing fee or (2) submit a complete Motion to Proceed In Forma Pauperis and Financial Affidavit, utilizing the Courtprovided forms. IT IS FURTHER ORDERED that if petitioner fails to comply with this Order, the Court will dismiss this action for failure to prosecute. Dated this 6th day of November, 2012. /s/Jean C. Hamilton JEAN C. HAMILTON UNITED STATES DISTRICT JUDGE -2-

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