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U.S. EX REL ROBINSON v. STERNES

March 19, 2004.

UNITED STATES OF AMERICA ex rel CHRISTOPHER ROBINSON, Petitioner,
v.
JERRY L. STERNES, et al., Respondents



The opinion of the court was delivered by: MILTON SHADUR, Senior District Judge

MEMORANDUM ORDER

Christopher Robinson ("Robinson") has filed a self-prepared 28 U.S.C. ยง 2254 ("Section 2254") Petition for Writ of Habeas Corpus ("Petition"), challenging the state court murder conviction on which he is currently serving a 40-year sentence. After having reviewed the Petition and related state court documents*fn1 in accordance with Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts ("Section 2254 Rules"), this Court has determined that the Petition does not appear to be facially eficient.*fn2 it therefore orders respondent Warden Jerry sternes to file an answer or other pleading on or before April 26, 2004 (see Section 2254 Rule 5), Page 2

Although a responsive pleading has been ordered here, this Court notes that Robinson has neither paid the required filing fee nor submitted an in forma, pauperis application. Because the filing fee is so modest (only $5), it seems fair to assume that Robinson should have no difficulty with its payment. Accordingly Robinson is ordered to pay the $5 filing fee on or before April 9, 2004 (or if he cannot afford to make such payment, though that would seem unlikely, Robinson must file an in forma pauperis application by the same date). That amount must be remitted via check or voucher payable to "Clerk, United States District ...


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