Gardner v. State of Nebraska

Filing 4

MEMORANDUM AND ORDER regarding Petition for Writ of Habeas Corpus 1 filed by Anthony W. Gardner. 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. Failu re to take either action will result in dismissal of this matter without further notice. (***Pro Se Case Management Deadlines set for 1/27/2017: Check for MIFP orpayment.) Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party with form AO240)(JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ANTHONY W. GARDNER,
Petitioner,
V.
STATE OF NEBRASKA,
Respondent.

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8:16CV562

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 December 23, 2016. 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: January 27, 2017: Check for MIFP or
payment.

DATED this 28th day of December, 2016.
BY THE COURT:
S/ Richard G. Kopf
Senior United States District Judge

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