Moore v. State of Nebraska Department of Corrections
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. The clerk of the court is directed to set a pro se case management deadline in this matter with the following text: November 16, 2020: Check for MIFP or payment. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party with form as directed)(ADB)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
TERRENCE D. MOORE,
MEMORANDUM AND ORDER
DEPARTMENT OF CORRECTIONS,
This matter is before the court on its own motion. Petitioner filed a Pet it ion
for Writ of Habeas Corpus (filing 1) on October 15, 2020. However, Petitioner
failed to include the $5.00 filing fee. 1 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 sh ould
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:
Petitioner is directed to submit the $5.00 fee to t h e 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.
The clerk of the court is directed to send to Petitioner the Form
AO240 (“Application to Proceed Without Prepayment of Fees and Affidavit”).
To his Petition, Petitioner attached a Nebraska Department of Correctional
Services institutional check for $5.00 and an inmate interview request asking inmate
accounting to submit a $5.00 check to the court. (Filing 1 at CM/ECF pp. 19–20.) The
institutional check is not a proper form of payment.
The clerk of the court is directed to set a pro se case management
deadline in this matter with the following text: November 16, 2020: Ch eck for
MIFP or payment.
Dated this 16th day of October, 2020.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge
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