DeNoyer v. State of Nebraska et al
Filing
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MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Petitioner is directed to correct the above-listed technical defect within 30 days of the date of this Memorandum and Order. Failure to comply with this Memorandum and Order will result in dismis sal of this matter without further 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 Affidavit"). The Clerk of the court is directed to set a pro se case management deadline in this matter with the following text: November 11, 2014: Check for MIFP or payment. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(TCL)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DALE E. DENOYER,
Petitioner,
v.
STATE OF NEBRASKA,
NEBRASKA ATTORNEY
GENERAL, and FRED BRITTEN,
Warden,
Respondents.
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8:14CV309
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 October 7, 2014. (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.
IT IS THEREFORE ORDERED that:
1.
Petitioner is directed to correct the above-listed technical defect 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: November 11, 2014: Check for MIFP
or payment.
DATED this 8th day of October, 2014.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge
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of Nebraska does not endorse, recommend, approve, or guarantee any third parties or the services or products they
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