Delgado v. Kenney

Filing 5

MEMORANDUM AND ORDER - Petitioner is directed to correct the technical defect listed 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. The Clerk of Court is directed to send to Petitioner the Form AO240. Ordered by Senior Judge Richard G. Kopf. (Copy and form mailed to pro se party)(SLP)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
HENRY DELGADO,
Petitioner,
v.
MICHAEL L. KENNEY,
Respondent.

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8:14CV402

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. Petitioner filed his Petition
for Writ of Habeas Corpus (“Petition”) on December 11, 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 defect listed below.
FAILURE TO CORRECT THE DEFECT WILL RESULT IN DISMISSAL OF
THE PETITION.
Petitioner has failed to include the $5.00 filing fee. Petitioner has the choice
of either submitting the $5.00 fee to the Clerk of Court or submitting a request to
proceed in forma pauperis. 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 Court is directed to send to Petitioner the Form AO240
(“Application to Proceed Without Prepayment of Fees and Affidavit”).
3.

The Clerk of Court is directed to set a pro se case management deadline

in this matter with the following text: January 16, 2015: Check for MIFP or payment.
DATED this 15th day of December, 2014.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

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