Opinion
No. C 09-05069 JF (PR).
February 12, 2010
ORDER GRANTING EXTENSION OF TIME TO PAY FILING FEE OR FILE COMPLETE IN FORMA PAUPERIS APPLICATION
On October 23, 2009, Petitioner filed this pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, along with an In Forma Pauperis Application. On that same day, the clerk of the Court sent a notification to Petitioner that his application was deficient because Petitioner failed to attach the following: 1) Certificate of Funds in Prisoner's Account completed and signed by an authorized officer of the institution; and 2) Petitioner's prisoner trust account statement showing transactions for the last six months. The notification included the warning that the case would be dismissed if Petitioner failed to respond within thirty days.
On November 16, 2009, Petitioner filed a letter indicating that he was sending the five dollar filing fee. (Docket No. 4.) However, Petitioner failed to enclose the payment with the letter or provide proof of payment. Accordingly, Petitioner has not paid the filing fee.
In the interest of justice, the Court will extend the time for Petitioner to either pay the full filing fee or provide proof of payment or, in the alternative, file the documents necessary to complete his in forma pauperis application. Petitioner must do so no later than thirty (30) days from the date this order is filed. Failure to comply with the Court's order in a timely manner will result in the dismissal of the case without prejudice for failure to pay the filing fee.
IT IS SO ORDERED.