Miller v. United States of America
Filing
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MEMORANDUM AND ORDER regarding Petition for Writ of Habeas Corpus 1 filed by Eric V. Miller. 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 su bmitting a request to proceed in forma pauperis and an affidavit of poverty in support thereof. Petitioner is directed to correct the above-listed technical defect in the Petition on or before December 21, 2011. ***Pro Se Case Management Deadlines set for 12/21/2011: deadline to submitIFP application or pay $5.00 filing fee. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party with form)(JAB)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ERIC V. MILLER,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.
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8:11CV361
MEMORANDUM
AND ORDER
This matter is before the court on its own motion. The above-captioned matter
was provisionally filed on October 17, 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 December 21, 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 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 case with the following text: December 21, 2011: deadline to submit
IFP application or pay $5.00 filing fee.
DATED this 21 st day of November, 2011.
BY THE COURT:
Richard G. Kopf
United States District Judge
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