Peterson v. United States of America et al

Filing 21

MEMORANDUM AND ORDER regarding Notice of Appeal to USCA 19 filed by Jay S. Peterson. Petitioner's Notice of Appeal is deemed timely filed. Petitioner shall have until June 8, 2012, in which to either pay the $455.00 appellate filing fee or submit a motion for leave to proceed in forma pauperis on appeal. The Clerk of the court shall 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: June 8, 2012: Deadline to submit IFP on appeal or pay filing fee. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party along with form)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JAY S. PETERSON,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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4:11CV3071

MEMORANDUM
AND ORDER

This matter is before the court on Petitioner Jay S. Peterson’s (“Peterson”)
Notice of Appeal. (Filing No. 19.) The court dismissed Peterson’s “Petition to Quash
IRS Third Party Summons” with prejudice on February 23, 2012. (Filing No. 17.)
Peterson filed a Notice of Appeal on April 11, 2012, 48 days after the court entered
judgment in this matter. (Filing No. 19.) The Notice of Appeal is timely filed
pursuant to Federal Rule of Appellate Procedure 4(a)(1)(B). However, Peterson has
not submitted an application to proceed in forma pauperis on appeal or paid the
appellate filing fee. The court will provide Peterson the opportunity to do so.
IT IS THEREFORE ORDERED that:
1.

Petitioner’s Notice of Appeal is deemed timely filed.

2.
Petitioner shall have until June 8, 2012, in which to either pay the
$455.00 appellate filing fee or submit a motion for leave to proceed in forma pauperis
on appeal.
3.
The Clerk of the court shall 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: June 8, 2012: Deadline to submit IFP
on appeal or pay filing fee.
DATED this 8th day of May, 2012.
BY THE COURT:
s/ Joseph F. Bataillon
United States District Judge

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