Aldaco v. Houston

Filing 44

MEMORANDUM AND ORDER that Petitioner is directed to either tender the $455.00 filing fee or submit a request to proceed in forma pauperis and an affidavit of poverty in support thereof by July 2, 2010. If Petitioner fails to comply with this Mem orandum and Order the court will not process his appeal. The Clerk of the court is directed to send to Petitioner the Form AO240, Application to Proceed Without Prepayment of Fees and Affidavit; and the Clerk of court is directed to set a pro se case management deadline in this case with the following text: "July 2, 2010: Check for payment or IFP motion." Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party with forms) (JSF)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA SAMSON ALDACO, Petitioner, v. ROBERT HOUSTON, Respondent. ) ) ) ) ) ) ) ) ) CASE NO. 8:09CV177 MEMORANDUM AND ORDER This matter is before the court on its own motion. Petitioner has filed a timely Notice of Appeal. (Filing No. 39.) However, Petitioner has not paid the $455.00 filing fee. (Filing No. 43.) Petitioner has the choice of either tendering the $455.00 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. Petitioner is cautioned that, if he is permitted to proceed in forma pauperis, he will still be required to pay the entire $455.00 filing fee. However, he will be allowed to pay the filing fee in installments in accordance with 28 U.S.C. 1915. IT IS THEREFORE ORDERED that: 1. Petitioner is directed to either tender the $455.00 filing fee or submit a request to proceed in forma pauperis and an affidavit of poverty in support thereof by July 2, 2010; If Petitioner fails to comply with this Memorandum and Order the court will not process his appeal; The Clerk of the court is directed to send to Petitioner the Form AO240, Application to Proceed Without Prepayment of Fees and Affidavit; and 2. 3. 4. The Clerk of court is directed to set a pro se case management deadline in this case with the following text: "July 2, 2010: Check for payment or IFP motion." DATED this 1st day of June, 2010. BY THE COURT: s/Laurie Smith Camp United States District Judge *This opinion may contain hyperlinks to other documents or Web sites. The U.S. District Court for the District of Nebraska does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide on their Web sites. Likewise, the court has no agreements with any of these third parties or their W eb sites. The court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases to work or directs the user to some other site does not affect the opinion of the court. 2

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