Simnick v. Gage
Filing
4
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 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 matter with the following text: August 26, 2013: Check for MIFP or payment. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(GJG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
KEVIN A. SIMNICK,
Petitioner,
v.
BRIAN GAGE,
Respondent.
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8:13CV221
MEMORANDUM
AND ORDER
This matter is before the court on its own motion. Petitioner provisionally filed his
Petition for Writ of Habeas Corpus (“Petition”) on July 23, 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 defect listed below. FAILURE TO
CORRECT THIS DEFECT 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.
IT IS ORDERED:
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 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: August 26, 2013: Check for MIFP or
payment.
DATED this 25th day of July, 2013.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge
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