Opinion
2:11-cv-01571-GMN-GWF
02-13-2013
KENNETH COUNTS, Petitioner, v. DWIGHT NEVEN, et al., Respondents.
ORDER
Petitioner has submitted a habeas corpus petition pursuant to 28 U.S.C. § 2254, but has neither paid the required filing fee nor filed an appropriate motion for leave to proceed in forma pauperis. The petition cannot be filed without either payment of the required filing fee or a grant of leave to proceed in forma pauperis based on a fully complete motion. Petitioner shall be sent the correct pauper form for use should he wish to file a motion for leave to proceed in forma pauperis in this action. Accordingly, Petitioner shall be given leave to proceed in forma pauperis on a temporary basis.
IT IS THEREFORE ORDERED that the Clerk shall send to petitioner a set of forms for a motion to proceed in forma pauperis. Petitioner shall have thirty (30) days from the date of the entry of this order within which to either pay the required filing fee, or file a fully and properly completed motion for leave to proceed in forma pauperis. The failure to timely do so will result in the dismissal of this action.
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Gloria M. Navarro
United States District Judge