Ervin v. Bowersox

Filing 20

MEMORANDUM AND ORDER. (See Full Order.) 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 petitione r shall have thirty (30) days from the date of this order either 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 properly complet e and submit the form motion and affidavit within thirty (30) days, the Court will deny petitioners motion without prejudice. Signed by District Judge E. Richard Webber on 2/23/2017. (IFP Habeas form emailed to Attorney for Petitioner this date.)(CBL)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION JONATHAN T. ERVIN, Petitioner, vs. MICHAEL BOWERSOX, Respondent. ) ) ) ) ) ) ) ) ) No. 4:16-CV-1337 ERW MEMORANDUM AND ORDER This matter is before the Court upon the application of petitioner for a motion to proceed in forma pauperis on appeal. The Court, however, cannot review the merits of petitioner’s motion because he has not completed a form AMotion to Proceed In Forma Pauperis and Affidavit in Support -- Habeas Cases.@ As such, the Court will provide petitioner with the form motion and affidavit so that he may complete the proper documents. See 28 U.S.C. § 1915; Local Rule 2.05(A). Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall forward to petitioner a form AMotion 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 submit a completed form AMotion to Proceed In Forma Pauperis and Affidavit in Support -- Habeas Cases.@ 1 IT IS FURTHER ORDERED that if petitioner fails to properly complete and submit the form motion and affidavit within thirty (30) days, the Court will deny petitioner’s motion without prejudice. Dated this 23rd day of February, 2017. E. RICHARD WEBBER UNITED STATES DISTRICT JUDGE 2

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