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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ANTOINE LEVILLE HAMILTON,
Petitioner,
v.
THERESA COUNTS BURKE,
Respondent.
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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
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