Opinion
2:24-cv-00850-SB-AJR
03-13-2024
THOMAS ENRICO DEFELICE, Petitioner, v. TRENT ALLEN, Respondent.
ORDER TO SHOW CAUSE WHY THE CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PAY THE FILING FEE
STANLEY BLUMENFELD, JR., UNITED STATES DISTRICT JUDGE
Petitioner Thomas Enrico DeFelice, proceeding pro se, filed a petition for writ of habeas corpus on January 29, 2024, without paying the required filing fee or submitting a request to proceed in forma pauperis (IFP). Dkt. No. 1. On January 31, 2024, the Clerk's office notified petitioner of the deficiency and directed petitioner to either pay the filing fee or submit an IFP request within 30 days, attaching an IFP form application (CV-60P), and noting that failure to do so within 30 days may result in dismissal. Dkt. No. 2. On February 15, the notification was returned as undeliverable mail. Dkt. No. 8. As Magistrate Judge Richlin noted about other orders that were returned undeliverable in this case, the mail appears to have been rejected because petitioner's inmate number was not visible on the outside of the envelope. See Dkt. Nos. 7, 12.
By no later than April 13, 2024, Petitioner is ordered to either pay the filing fee or file form CV-60P requesting to proceed IFP. Failure to do so will result in the dismissal of this case without prejudice. The Clerk's office shall mail to petitioner a copy of this order, form CV-60P, and docket entry No. 2, listing petitioner's inmate number on the outside of the envelope.