Menchaca v. The People of the State of Nebraska

Filing 4

MEMORANDUM AND ORDER - Petitioner is directed to submit the $400.00 fees to the clerks 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. 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: June 1, 2018: Check for MIFP or payment. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MANUEL MENCHACA,
Petitioner,

8:18CV193

vs.
THE PEOPLE OF THE STATE OF
NEBRASKA,

MEMORANDUM
AND ORDER

Respondent.
This matter is before the court on its own motion. Petitioner filed a petition
for writ of error coram nobis (filing no. 1) on April 30, 2018. However, Petitioner
failed to include the $400.00 filing and administrative fees. Petitioner has the
choice of either submitting the $400.00 filing and administrative fees to the clerk’s
office or submitting a request to proceed in forma pauperis.1 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 $400.00 fees 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”).

1

If Petitioner is granted leave to proceed in forma pauperis (“IFP”) in this matter, he will
be allowed to pay the court’s $350 filing fee in installments. See 28 U.S.C. § 1915(b)(1); In re
Tyler, 110 F.3d 528, 529–30 (8th Cir. 1997). He would not be subject to the $50.00
administrative fee assessed to non-IFP plaintiffs.

3.
The clerk of the court is directed to set a pro se case management
deadline in this matter with the following text: June 1, 2018: Check for MIFP or
payment.
Dated this 2nd day of May, 2018.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

2