Opinion
No. CV 05-2898-PHX-NVW (DKD).
November 16, 2005
ORDER
This is a habeas action filed by a prisoner incarcerated in California. By Order filed September 30, 2005 (Dkt. #6), the Court allowed Petitioner thirty days to file an amended petition because he failed to use the court-approved form. Presently pending is Petitioner's motion for extension of time.
Petitioner seeks an additional thirty days because he did not receive the Court's Order until November 7, 2005. Petitioner still has not paid the $5.00 filing fee or properly applied to proceed in forma pauperis, and he has not requested additional time to do so in his motion. Regardless, the Court will allow him additional time to comply with the Court's earlier Order by filing an amended petition and by either paying the $5.00 filing fee or properly applying to proceed in forma pauperis. Both requirements must be satisfied by December 15, 2005. Additional requests for extensions of time will not be viewed favorably by the Court.
Petitioner should note that if he fails to timely comply with every provision of this Order, or any order entered in this matter, this action will be dismissed pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. See Ferdik v. Bonzelet, 963 F.2d 1258 (9th Cir.) (district court may dismiss action for failure to comply with any court order), cert. denied, 506 U.S. 915 (1992).
IT IS THEREFORE ORDERED that:
(1) Petitioner's motion for extension of time, filed on November 14, 2005, is granted. Petitioner must (a) pay the $5.00 filing fee or file an Application to Proceed In Forma Pauperis using the court-approved form, and (b) file a habeas petition using the court-approved form by December 15, 2005.
(2) The Clerk of Court is directed to enter dismissal of this action without prejudice and without further notice to Petitioner, if Petitioner fails to comply by December 15, 2005.