Hauptstueck v. Warden Lebanon Correctional Institution

Filing 8

DEFICIENCY ORDER - It is hereby ORDERED that Petitioner pay the $455 filing fee or file an application with the Court of Appeals to proceed in forma pauperis not later than January 17, 2013. Signed by Magistrate Judge Michael R Merz on 12/18/2012. (kpf1)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON KEITH HAUPTSTUECK, : Petitioner, Case No. 3:12-cv-356 : -vs- District Judge Timothy S. Black Magistrate Judge Michael R. Merz WARDEN, Lebanon Correctional Institution, : Respondent. DEFICIENCY ORDER This habeas corpus case is before the Court on Petitioner’s Notice of Appeal (Doc. No. 7). The Court notes that the Notice was filed without the required filing fee of $455, but Judge Black has determined that an appeal is frivolous and should not be permitted to proceed in forma pauperis. Accordingly, it is hereby ORDERED that Petitioner pay the $455 filing fee or file an application with the Court of Appeals to proceed in forma pauperis not later than January 17, 2013. December 18, 2012. s/ Michael R. Merz United States Magistrate Judge

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