Eagle Boy v. State of Nebraska

Filing 5

ORDER - Petitioner is directed to correct the above-listed technical defect within 30 days of the date of this Memorandum and Order. Failure to comply with this Memorandum and Order will result in dismissal of this matter without further notice . The Clerk of the court is directed to 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 follow ing text: September 16, 2013: Check for MIFP or payment. In light of the information provided in this Memorandum and Order, Petitioner's Motion for Status (Filing No. 4 ) is granted to the extent it is consistent with this Memorandum and Order. As set forth above, the court has received the Petition for Writ of Habeas Corpus, but it has not received the $5.00 filing fee. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party with form)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CHARLES R. EAGLE BOY,
Petitioner,
v.
STATE OF NEBRASKA,
Respondent.

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CASE NO. 4:13CV3120

ORDER

The above-captioned matter was provisionally filed on June 18, 2013. (Filing No.
1.) However, due to certain technical defects, the Petition for Writ of Habeas Corpus
cannot be further processed. 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.
Accordingly,
IT IS ORDERED:
1.

Petitioner is directed to correct the above-listed technical defect within 30
days of the date of this Memorandum and Order;

2.

Failure to comply with this Memorandum and Order will result in dismissal of
this matter without further notice;

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3.

The Clerk of the court is directed to 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: September 16, 2013: Check for MIFP
or payment; and

5.

In light of the information provided in this Memorandum and Order,
Petitioner’s Motion for Status (Filing No. 4) is granted to the extent it is
consistent with this Memorandum and Order. As set forth above, the court
has received the Petition for Writ of Habeas Corpus, but it has not received
the $5.00 filing fee.

DATED this 19th day of August, 2013.
BY THE COURT:

s/Laurie Smith Camp
Chief United States District Judge

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