Dayton v. State of Missouri et al

Filing 3

MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that the Clerk is directed to send petitioner both a motion for leave to proceed in forma pauperis form and a § 2254 form. IT IS FURTHER ORDERED that, no later than twenty-eight (28) days from this Or der, petitioner must either pay the $5 filing fee or file a motion for leave to proceed in forma pauperis. IT IS FURTHER ORDERED that petitioner must fill out the § 2254 form and return it to the Court within twenty-eight (28) days of the date of this Order. If petitioner fails to comply with this Order, the Court may dismiss this action without further proceedings.. Signed by District Judge Audrey G. Fleissig on 3/6/2017. (Attachments: # 1 Form)(NEB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DOUGLAS DAYTON,
Petitioner,
v.
STATE OF MISSOURI, et al.,
Respondents.

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No. 4:17-CV-773 PLC

MEMORANDUM AND ORDER
This matter is before the Court on petitioner’s pro se application for writ of
habeas corpus pursuant to 28 U.S.C. § 2254. The petition is defective because
petitioner did not use the Court’s form, see Local Rule 2.06(A), and because
petitioner did not pay the $5 filing fee or file a motion for leave to proceed in
forma pauperis.
Accordingly,
IT IS HEREBY ORDERED that the Clerk is directed to send petitioner
both a motion for leave to proceed in forma pauperis form and a § 2254 form.
IT IS FURTHER ORDERED that, no later than twenty-eight (28) days
from this Order, petitioner must either pay the $5 filing fee or file a motion for
leave to proceed in forma pauperis.

IT IS FURTHER ORDERED that petitioner must fill out the § 2254 form
and return it to the Court within twenty-eight (28) days of the date of this Order. If
petitioner fails to comply with this Order, the Court may dismiss this action
without further proceedings.
Dated this 6th day of March, 2017.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

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