Opinion
No. CV 06-1012-PHX-MHM (LOA).
May 19, 2006
ORDER
On April 11, 2006, Petitioner Michael Adam Prostka, presently confined in the Arizona State Prison Complex-Tucson, filed a Petition for Writ of Habeas Corpus by a Person in State Custody ( 28 U.S.C. § 2254). Petitioner has not paid the five dollar ($5.00) filing fee or filed an Application to Proceed In Forma Pauperis by a Prisoner (Habeas) ("Application to Proceed").
Local Rule of Civil Procedure ("LRCiv") 3.5(b) requires that actions filed in forma pauperis by persons who are incarcerated must be accompanied by an "Application to ProceedIn Forma Pauperis by a Prisoner (Habeas)" that is executed under penalty of perjury and contains a certification, executed by an authorized officer of the institution regarding any amount contained in any of the inmate's accounts. Local Rule of Civil Procedure 3.5(b) also requires payment of the five dollar ($5.00) filing fee if a petitioner has in excess of twenty-five dollars ($25.00) in his inmate account.
The five dollar ($5.00) filing fee is set pursuant to 28 U.S.C. § 1914(a).
Petitioner will be given thirty (30) days to pay the five dollar ($5.00) filing fee, or file a certified Application to Proceed In Forma Pauperis using the form included with this Order. If Petitioner fails to pay the five dollar ($5.00) filing fee or file a certified Application to Proceed In Forma Pauperis within thirty (30) days of the filing date of this Order, the Clerk of the Court will be directed to enter a judgment of dismissal of this case, without prejudice, without further notice to Petitioner.
IT IS THEREFORE ORDERED as follows:
1) Petitioner SHALL HAVE thirty (30) days from the filing date of this Order to pay the five dollar ($5.00) filing fee, or to file with the Court a certified Application to Proceed In Forma Pauperis using the form included with this Order;
2) The Clerk of the Court is DIRECTED to enter judgment of dismissal of this action without prejudice, without further notice to Petitioner, if Petitioner fails to pay the five dollar ($5.00) filing fee, or fails to file a certified Application to Proceed within thirty (30) days from the date of filing of this Order;
3) A clear and legible copy of every pleading or other document filed shall accompany each original pleading or other document filed with the Clerk for use by the District Judge or Magistrate Judge to whom the case is assigned and additional copies for each Judge in three-judge panel cases. See LRCiv 5.4. Failure to submit a copy along with the original pleading or document will result in the pleading or document being stricken without further notice to Petitioner;
4) 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, except that if Petitioner has been released from custody, the notice should so indicate. The notice shall not include any motions for any other relief. Failure to file a NOTICE OF CHANGE OF ADDRESS may result in the dismissal of the action for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b);
5) The Clerk of the Court is DIRECTED to send Plaintiff a form for filing an "Application to Proceed In Forma Pauperis by a Prisoner (Habeas)".
FORM