Harper v. Houston et al

Filing 6

MEMORANDUM AND ORDER - Petitioner is directed to correct the above-listed technical defect in the Petition on or before October 27, 2011. 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 case with the following text: October 27, 2011: deadline to submit IFP application or pay $5.00 filing fee. Ordered by Judge Laurie Smith Camp. (Copy mailed/e-mailed to pro se party along with form)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ERNEST C. HARPER,
Petitioner,
v.
ROBERT P. HOUSTON, Director
Nebrask Department of Corr., FRED
BRITTEN, Warden, Tecumseh
Correctional Inst., and NEBRASKA
DEPARTMENT OF CORRECTIONAL
SERVICES, et.,
Respondents.

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CASE NO. 8:11CV324

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. The above-captioned matter has
been provisionally filed on September 22, 2011. (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 October 27, 2011.

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 case with the following text: October 27, 2011: deadline to submit IFP
application or pay $5.00 filing fee.

DATED this 27th day of September, 2011.
BY THE COURT:

s/Laurie Smith Camp
United States District Judge

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