Thurman

Filing 3

MEMORANDUM AND ORDER - Petitioner is directed to correct the above-listed technical defects 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 f urther notice. The Clerk of the court is directed to send to Petitioner the Form AO241 (Petition for Relief From a Conviction or Sentence By a Person in State Custody) and the Form AO240 (Application to Proceed Without Prepayment of Fees and Affi davit). The Clerk of the court is directed to set a pro se case management deadline in this matter with the following text: April 22, 2013: Check for MIFP or payment and amended petition. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party with forms)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RONNIE MIDNIGHT THURMAN,
Petitioner,
v.

Respondent.

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8:13CV61

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. Petitioner Ronnie Midnight
Thurman (“Petitioner”) provisionally filed his Petition for Writ of Habeas Corpus
(“Petition”) on February 22, 2013. (Filing No. 1.) Due to certain technical defects,
the Petition cannot be further processed. To assure further consideration of the
Petition, Petitioner must correct the defects listed below. FAILURE TO CORRECT
THESE DEFECTS WILL 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.
In addition, Petitioner has not identified any respondent in his Petition.
Therefore, the pending Petition is insufficient and the court will not act upon it. In
order for this matter to proceed, Petitioner must file an amended petition for writ of
habeas corpus in which he identifies the respondent(s).

IT IS THEREFORE ORDERED that:
1.
Petitioner is directed to correct the above-listed technical defects 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.
2.
The Clerk of the court is directed to send to Petitioner the Form AO241
(“Petition for Relief From a Conviction or Sentence By a Person in State Custody”)
and the Form AO240 (“Application to Proceed Without Prepayment of Fees and
Affidavit”).
3.
The Clerk of the court is directed to set a pro se case management
deadline in this matter with the following text: April 22, 2013: Check for MIFP or
payment and amended petition.
DATED this 21st day of March, 2013.
BY THE COURT:

s/ Joseph F. Bataillon
United States District Judge

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