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Barnett v. Villmer

United States District Court, E.D. Missouri, Eastern Division

October 14, 2014

TRAVIS BARNETT, Petitioner,
v.
TOM VILLMER, Respondent.

MEMORANDUM AND ORDER

RONNIE L. WHITE, District Judge.

This matter is before the Court on petitioner's filing of an application for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has neither paid the $5 filing fee nor filed a motion to proceed in forma pauperis and financial affidavit. As a result, the Court will order petitioner to either pay the filing fee or submit a motion to proceed in forma pauperis and financial affidavit within thirty (30) days of the date of this Order.

Additionally, the habeas petition contains the unredacted names of minor children [Doc. #1]. Pursuant to Administrative Order of April 8, 2003, and in compliance with the policy of the Judicial Conference of the United States and the E-Government Act of 2002, parties must refrain from including, or must partially redact where inclusion is necessary, the names of minor children. See also Webster Groves School Dist. v. Pulitzer Pub. Co. 898 F.2d 1371, 1375 (8th Cir. 1990) ( en bane ) (strong public policy favors the special protection of minors and their privacy where sensitive matters are concerned). If the involvement of a minor child must be mentioned, only the initials of a minor child may be used. Administrative Order, April 8, 2003. As such, petitioner will be required to submit an amended habeas petition, on a court form, redacting the names of all minors.

Accordingly,

IT IS HEREBY ORDERED that the Clerk of Court immediately file the habeas petition [Doc. # 1] under seal.

IT IS FURTHER ORDERED that, within thirty (30) days from the date of this Order, petitioner shall refile an amended habeas petition on a Court form, redacting the names of all minors in accordance with the foregoing.

IT IS FURTHER ORDERED that petitioner shall have thirty (30) days from the date of this order to pay the statutory filing fee of $5, or to submit a completed form "Motion to Proceed In Forma Pauperis and Affidavit in Support - Habeas Cases."

IT IS FURTHER ORDERED that the Clerk shall send petitioner a form "Motion to Proceed In Forma Pauperis - Habeas Cases" and a form petition for filing an application for writ of habeas corpus pursuant to 28 U.S.C. § 2254.

IT IS FURTHER ORDERED that, upon petitioner's filing of the amended form petition and/or form "Motion to Proceed In Forma Pauperis - Habeas Cases, " the Clerk shall resubmit this matter to the Court for review pursuant to Rule 4 of the Rules Governing § 2254 Cases.

IT IS FURTHER ORDERED that if petitioner fails to comply with this Order, this action will be dismissed without prejudice. See Rule 41 (b) of the Federal Rules of Civil Procedure.


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