Kelley v. State of Nebraska et al

Filing 4

MEMORANDUM AND ORDER - Petitioner is directed to submit the $5.00 fee to the clerk's office or submit a request to proceed in forma pauperis within 30 days. Failure to take either action will result in dismissal of this matter without fur ther notice. The clerk of the court is directed to send to Petitioner the Form AO 240 ("Application to Proceed Without Prepayment of Fees and Affidavit"). ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 5/4/2015:Check for MIFP or payment) Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party with form AO 240)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
KENNETH E. KELLEY,
Petitioner,
v.
STATE OF NEBRASKA, MICHAEL
KENNEY, Director of the Nebraska
Department of corrections’, and
DIANE SABATKA-RHINE, Warden,
Respondents.

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8:15CV105

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. Petitioner filed a Petition for Writ
of Habeas Corpus (Filing No. 1) on March 30, 2015. However, Petitioner failed to include
the $5.00 filing fee. Petitioner has the choice of either submitting the $5.00 fee to the
clerk’s office 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. Failure to take either action within 30 days will result in the court dismissing this
case without further notice to Petitioner. Accordingly,

IT IS ORDERED:
1.

Petitioner is directed to submit the $5.00 fee to the clerk’s office or submit a
request to proceed in forma pauperis within 30 days. Failure to take either
action 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: May 4, 2015: Check for MIFP or
payment.

DATED this 31st day of March, 2015.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge

*This opinion may contain hyperlinks to other documents or Web sites. The U.S. District Court for
the District of Nebraska does not endorse, recommend, approve, or guarantee any third parties or the services
or products they provide on their Web sites. Likewise, the court has no agreements with any of these third
parties or their Web sites. The court accepts no responsibility for the availability or functionality of any
hyperlink. Thus, the fact that a hyperlink ceases to work or directs the user to some other site does not affect
the opinion of the court.

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