Opinion
3: 10-CV-0268-00268-ECR-VPC.
May 5, 2010
ORDER
Petitioner has submitted a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, but he has failed to simultaneously submit either a motion for leave to proceed in forma pauperis or payment of the $5.00 filing fee. Petitioner shall be sent a motion for leave to proceed in forma pauperis form, should he wish to apply for pauper status, and alternatively given an opportunity to pay the requisite filing fee.
IT IS THEREFORE ORDERED that the Clerk shall send to petitioner a new motion for leave to proceed in forma pauperis form and instructions therefor. Petitioner shall have thirty (30) days from the date of entry of this order within which to file a motion for leave to proceed in forma pauperis. Alternatively, petitioner shall have thirty (30) days from the date of entry of this order within which to have prison officials deduct from his prison account and send to the Clerk of Court the full $5.00 filing fee. Failure to do so may result in the dismissal of this action.
DATED this 5th day of May, 2010.