Huryta v. Mental Health Board

Filing 3

MEMORANDUM AND ORDER- Petitioner is directed to correct the above-listed technical defect in the Petition on or before March 3, 2014. Failure to comply with this Memorandum and Order will result in dismissal of this matter without further notice. The Clerk of the court shall send to Petitioner the Form AO240, Application to Proceed Without Prepayment of Fees and Affidavit. ( Pro Se Case Management Deadline set for 3/3/2014:deadline to submit IFPapplication or pay $5.00 filing fee.) Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party as directed)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ROCKY ALLEN HURYTA,
Petitioner,
v.
MENTAL HEALTH BOARD,
Respondent.

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4:14CV3016

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. The above-captioned matter
was provisionally filed on January 22, 2014. (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 March 3, 2014.
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 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 case with the following text: March 3, 2014: deadline to submit IFP
application or pay $5.00 filing fee.
DATED this 3rd day of February, 2014.
BY THE COURT:
s/ Joseph F. Bataillon
United States District Judge

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