Opinion
12-CV-1176C
12-26-2012
DECISION and ORDER
On December 6, 2012, this Court issued an Order directing petitioner to furnish the Court with an application to proceed in forma pauperis with a completed and signed prison certification section, or the full filing fee of $5.00. The December 6, 2012 Order is vacated insofar as the prison certification section of the in forma pauperis application does not need to be completed.
Accordingly, the petitioner has until January 23, 2013, to furnish the Court with a signed and completed application to proceed in forma pauperis, or the full filing fee of $5.00. The prison certification section of the application does not need to be completed. If the Court does not receive an application to proceed in forma pauperis or the full filing fee of $ 5.00 on or before such date, this action will be dismissed without prejudice without further notice to the petitioner. The Clerk of the Court is directed to send to petitioner a new form application to proceed as a poor person.
IT IS HEREBY ORDERED, that the Order dated December 6, 2012 is vacated; and
FURTHER, that the Clerk of the Court is to close this case as dismissed without prejudice after January 23, 2013 if the petitioner has not provided the Court with a signed application to proceed in forma pauperis or the full filing fee of $ 5.00 by that date.
SO ORDERED. Dated: December 26, 2012
Buffalo, New York
________
WILLIAM M. SKRETNY
Chief Judge
United States District Court