Oliver v. Cummins

Filing 2

Order for petitioner to pay the filing fee or file IFP motion. ( Filing Fee or IFP motion due by 3/2/2009.). Signed by Magistrate Judge Sonja F. Bivins on 1/29/09. (IFP and this order mailed to petitioner) (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION JAMES OLIVER, Petitioner, vs. JOHN CUMMINS, Respondent. ) ) ) ) ) ) ) ) ) ORDER Petitioner, an Alabama inmate proceeding pro se, filed the instant action pursuant to 28 U.S.C. 2254. A review of the CIVIL ACTION 09-00052-KD-B docket sheet reflects that Petitioner did not pay the $5.00 filing fee or, in lieu of thereof, when file he a motion his to proceed without 1). prepayment fees, filed petition (Doc. Accordingly, Petitioner is hereby ORDERED to pay the filing fee, or in lieu thereof, to complete and file this Court's form for a motion to proceed without prepayment of fees by March 2, 2009. See Local Rule 83.9(d)(1). Failure to comply with this Order within the prescribed time or to notify the court of a change in address will result in a recommendation of dismissal of this action without prejudice for failure to prosecute and to obey the Court's Order. The Clerk is DIRECTED to send petitioner the form for a motion to proceed without prepayment of fees. DONE this 29th day of January, 2009. /s/SONJA F. BIVINS UNITED STATES MAGISTRATE JUDGE

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