Springer v. Sherman et al

Filing 3

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 further notice. 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: February 21, 2023: Check for MIFP or payment. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(LKO)

8:23-cv-00015-JFB-PRSE Doc # 3 Filed: 01/19/23 Page 1 of 2 - Page ID # 61

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LEVI G. SPRINGER,
Petitioner,

8:23CV15

vs.
MEMORANDUM AND ORDER
ISAAC SHERMAN, JASON SHERIDAN,
ALAN
HARIAN,
ORVILLE
CAYOU,
JEROME
HAMILTON,
CLIFFORD
WOLFEJR., EVERETT BAXTERJR., NILAH
SOLOMON, and
CURRENT ACTING
DIRECTOR, U.S. Department of Interior;
Respondents.

This matter is before the Court on its own motion. Petitioner filed a Petition for
Writ of Habeas Corpus, Filing No. 1, on January 17, 2023. 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.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 $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.

In addition, if Petitioner wishes to proceed in forma pauperis, he is also obligated to “submit a certified
copy of the trust fund account statement (or institutional equivalent) for the prisoner for the 6-month
period immediately preceding the filing of the complaint or notice of appeal, obtained from the appropriate
official of each prison at which the prisoner is or was confined.” 28 U.S.C. § 1915(a)(2).
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8:23-cv-00015-JFB-PRSE Doc # 3 Filed: 01/19/23 Page 2 of 2 - Page ID # 62

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: February 21, 2023: Check for MIFP or
payment.

Dated this 19th day of January, 2023.
BY THE COURT:

Joseph F. Bataillon
Senior United States District Judge

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