Graves v. Nebraska Department of Corrections

Filing 3

MEMORANDUM AND ORDER - Petitioner is directed to correct the above-listed technical defect in the Petition on or before April 29, 2010. Failure to comply with this Memorandum and Order will result in dismissal of this matter without further notice. The Clerk of the court send to Petitioner the Form AO240, Application to Proceed Without Prepayment of Fees and Affidavit. The Clerk of the court is directed to set a pro se case management deadline in this matter with the following text: April 29, 2010: deadline to pay fee or file MIFP.***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 4/29/2010d eadline to pay fee or file MIFP.) Ordered by Judge Richard G. Kopf. (Copies mailed as directed)(MKR)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA DAVID A. GRAVES, Petitioner, v. NEBRASKA DEPARTMENT OF CORRECTIONS, Respondent. ) ) ) ) ) ) ) ) ) ) 4:10CV3056

MEMORANDUM AND ORDER

This matter is before the court on its own motion. The above-captioned matter has been provisionally filed on March 30, 2010. (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, Petitioner must correct the defect listed below. FAILURE TO 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. IT IS THEREFORE ORDERED that: 1. Petitioner is directed to correct the above-listed technical defect in the Petition on or before April 29, 2010. 2. Failure to comply with this Memorandum and 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. 4. The Clerk of the court is directed to set a pro se case management deadline in this matter with the following text: April 29, 2010: deadline to pay fee or file MIFP. DATED this 30th day of March, 2010. BY THE COURT: Richard G. Kopf United States District Judge

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