Opinion
3: 10-cv-0498-ECR-RAM.
October 18, 2010
ORDER
This is a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 in which petitioner, a state prisoner is proceeding pro se. Although petitioner has submitted a financial certificate, he has failed to simultaneously submit either a motion for leave to proceed in forma pauperis or payment of the $5.00 filing fee. Petitioner shall be sent a motion for leave to proceed in forma pauperis form, should he wish to apply for pauper status, and alternatively given an opportunity to pay the requisite filing fee.
IT IS THEREFORE ORDERED that the Clerk shall send to petitioner a new motion for leave to proceed in forma pauperis form and instructions therefor. Petitioner shall have thirty (30) days from the date of entry of this order within which to file a motion for leave to proceed in forma pauperis. It is not necessary for petitioner to submit another financial certificate. Alternatively, petitioner shall have thirty (30) days from the date of entry of this order within which to have prison officials deduct from his prison account and send to the Clerk of Court the full $5.00 filing fee. Failure to do so will result in the dismissal of this action.
DATED this 18 day of October, 2010.