Sellers v. Frakes et al

Filing 6

MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: 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 dismi ssal of this matter without further 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 10, 2015: Check for MIFP or payment. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
TERRY J. SELLERS,

)
)
Petitioner,
)
)
v.
)
)
SCOTT FRAKES, Director of the
)
Nebraska Department of Corrections, )
and STATE OF NEBRASKA,
)
)
Respondents.
)

8:15CV192

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 June 1, 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.
IT IS THEREFORE ORDERED that:
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: August 10, 2015: Check for MIFP or
payment.
DATED this 10th day of July, 2015.
BY THE COURT:

s/ Joseph F. Bataillon
Senior 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.

2