Opinion
No. CV 11-1208-PHX-GMS (ECV).
July 6, 2011
ORDER
On June 20, 2011, Petitioner Lorenzo Delgado, who is confined in the Maricopa County's Fourth Avenue Jail in Phoenix, Arizona, filed a pro se Application under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State or Federal Custody and an Application to Proceed In Forma Pauperis. (Doc. 2.) The Court will deny the Application with leave to pay the $5.00 filing fee within 30 days.
Petitioner is being held on various charges pending in Maricopa County Superior Court, case# CR2011-129647. See
I. Application to Proceed In Forma Pauperis
Local Rule of Civil Procedure 3.5(b) requires payment of the $5.00 statutory filing fee if a petitioner has more than $25.00 in his inmate account. Petitioner's Application to Proceed indicates that he currently has $28.36 in his inmate account. Accordingly, the Court will deny the Application to Proceed and will give Petitioner 30 days to pay the $5.00 filing fee. If Petitioner fails to pay the $5.00 filing fee within 30 days, the Petition for a Writ of Habeas Corpus will be dismissed.
II. Warnings
A. Address Changes
Petitioner must file and serve a notice of a change of address in accordance with Rule 83.3(d) of the Local Rules of Civil Procedure. Petitioner must not include a motion for other relief with a notice of change of address. Failure to comply may result in dismissal of this action.
B. Copies
Petitioner must submit an additional copy of every filing for use by the Court. LRCiv 5.4. Failure to comply may result in the filing being stricken without further notice to Petitioner.
C. Possible Dismissal
If Petitioner fails to timely comply with every provision of this Order, including these warnings, the Court may dismiss this action without further notice. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (a district court may dismiss an action for failure to comply with any order of the Court).
IT IS ORDERED:
1) Petitioner's Application To Proceed In Forma Pauperis is denied. (Doc. 2.)
2) Within 30 days of the date this Order is filed, Petitioner must pay the $5.00 filing fee.
3) If Petitioner fails to pay the $5.00 filing fee, the Clerk of Court must enter a judgment of dismissal of this action without prejudice and without further notice to Petitioner.
http://www.superiorcourt.maricopa.gov/docket/CriminalCourtCases/caseInfo.asp (Last visited July 6, 2011). Plaintiff was arraigned on June 30, 2011. Id. as such, the Court construes the Petition as having been brought pursuant to 28 U.S.C. § 2241, rather than § 2254.