Melando v. Bakewell et al

Filing 4

ORDER that petitioner shall pay the $5.00 filing fee or submit a request to proceed in forma pauperis and an affidavit of poverty in support thereof on or before 9/29/2009. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party with Form AO240 Application to Proceed Without Prepayment of Fees and Affidavit. ) (ADB, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA CHARLES MELANDO, ) ) Petitioner, ) ) v. ) ) DENNIS BAKEWELL, Warden; ) CHADRON COMMUNITY HOSPITAL; ) C.A. SUTERA, M.D., ) ) Respondents. ) ______________________________)

4:09CV3177

ORDER

This matter is before the Court on its own motion.

The

above-captioned matter has been provisionally filed on August 18, 2009 (Filing No. 1). However, due to certain technical defects,

the petition cannot be further processed until such defects are corrected. To assure further consideration of the petition, FAILURE TO

petitioner must correct the defect listed below.

CORRECT THE DEFECT MAY RESULT IN DISMISSAL OF THE PETITION. Petitioner has failed to include the $5.00 filing fee. Petitioner has the choice of either tendering the $5.00 fee to the clerk of the court or submitting a request to proceed in forma pauperis and an affidavit of poverty in support thereof. If petitioner chooses to do the latter, the enclosed pauper's forms should be completed and returned to this Court. The Court

notes that petitioner was previously granted in forma pauperis status in a separate case (Case No. 8:09CV139, Filing No. 6).

However, petitioner must request leave to proceed in forma pauperis in each case. IT IS ORDERED: 1. Petitioner is directed to correct the above-listed

technical defect in the petition on or before September 29, 2009. 2. Failure to comply with this order will result in

dismissal of this matter without further notice. 3. The clerk of the court send to petitioner the Form

AO240, Application to Proceed Without Prepayment of Fees and Affidavit. DATED this 10th day of September, 2009. BY THE COURT: /s/ Lyle E. Strom ____________________________ LYLE E. STROM, Senior Judge United States District Court

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