Opinion
No. CV 06-1146-PHX-MHM (HCE).
May 19, 2006
ORDER
Petitioner filed a pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. This type of action requires either payment of a $5.00 filing fee, see 28 U.S.C. § 1914, or an application to proceed in forma pauperis without payment of the filing fee. Under Local Rule of Civil Procedure 3.5(b), a petitioner must pay the fee if he has more than $25.00 in his inmate account. If he has less than $25.00 in his account, he may apply to proceed in forma pauperis. The Court will allow Petitioner 30 days to cure this deficiency by either paying the $5.00 fee or applying to proceed in forma pauperis. To assist Petitioner, the Court will direct the Clerk of Court to send him the proper form for a habeas petitioner to apply to proceed in forma pauperis.
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. 1992) (district court may dismiss action for failure to comply with any court order).
IT IS THEREFORE ORDERED THAT:
(1) Petitioner must either pay the $5.00 filing fee or file an Application to Proceed In Forma Pauperis within 30 days from the date this Order is filed.
(2) The Clerk of Court shall enter a dismissal of this action without prejudice and without further notice to Petitioner, if he fails to comply.
(3) At all times during the pendency of this action, Petitioner shall immediately advise the Court of any change of address and its effective date. Such notice shall be captioned "NOTICE OF CHANGE OF ADDRESS." The notice shall contain only information pertaining to the change of address and its effective date. The notice shall not include any motions for any other relief. Petitioner shall serve a copy of the Notice of Change of Address on all opposing parties. Failure to file a Notice of Change of Address may result in the dismissal of the action for failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure.
(4) Aside from the required two copies of any petition or amended petition a clear, legible copy of every other document filed with the Clerk shall accompany each original document for use by the District Judge or Magistrate Judge to whom the case is assigned. Failure to comply with this requirement may result in the pleading or document being stricken without further notice to Petitioner.
(5) The Clerk of Court is directed to provide to Petitioner a copy of the form entitled "Application to Proceed In Forma Pauperis By a Prisoner (Habeas)."
FORM