Opinion
3:11-cv-00720-LRH-WGC
10-31-2011
ORDER
Petitioner, a Nevada prisoner, has submitted a petition for writ of habeas corpus (docket #1-2). However, while he has submitted the signed financial certificate, he has failed to submit the application to proceed in forma pauperis itself. Petitioner will be granted thirty (30) days to either pay the $5.00 filing fee or submit an application to proceed in forma pauperis. The court notes that the financial certificate and inmate account statement already provided (docket #1-1) indicate that he is able to pay the full fee pursuant to 28 U.S.C. § 1915.
The court will retain the petition for writ of habeas corpus, but will not file it at this time.
IT IS THEREFORE ORDERED that petitioner shall have thirty (30) days from the date this order is entered to either (1) pay the $5.00 filing fee or (2) submit an application to proceed in forma pauperis. Failure to take one of these actions within the time allowed may result in dismissal of this action.
IT IS FURTHER ORDERED that the Clerk shall SEND to petitioner the approved form for an application to proceed in forma pauperis.
IT IS FURTHER ORDERED that the Clerk shall SEND to petitioner two copies of this order. If petitioner wishes to pay the five dollar ($5) filing fee (the first option, above), petitioner must make the necessary arrangements to have one copy of this order, along with a check in the amount of the full $5 filing fee, sent to the court, by sending a copy of the order with a "brass slip" to Inmate Services for issuance of the check.
IT IS FURTHER ORDERED that the Clerk shall retain the petition for a writ of habeas corpus but shall not file it at this time.
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE