Opinion
2:12-cv-01608-JCM-PAL
11-27-2012
DEMAIN DOMINGUEZ, Petitioner, v. BRIAN E. WILLIAMS, et al., Respondents.
ORDER
This action is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, by a Nevada state prisoner.
Petitioner has submitted a motion for leave to proceed in forma pauperis and a petition for a writ of habeas corpus. Based on the information regarding petitioner's financial status, the motion to proceed in forma pauperis is denied. Petitioner must pay the filing fee of $5.00. However, petitioner shall be given an opportunity to pay the fee in this action prior to dismissal.
IT IS THEREFORE ORDERED that the motion for leave to proceed in forma pauperis (ECF No. 2) is DENIED. Petitioner shall have thirty (30) days from the date this order is entered in which to have the $5.00 filing fee sent to the clerk of court. Failure to do so may result in the dismissal of this action.
IT IS FURTHER ORDERED that the clerk of court SHALL SEND petitioner two copies of this order. Petitioner is ordered to make the necessary arrangements to have one copy of this order attached to the check in the amount of the full $5 filing fee.
IT IS FURTHER ORDERED that the clerk of court shall RETAIN the petition but not file it at this time.
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UNITED STATES DISTRICT JUDGE