Romero v. Schriro et al

Filing 4

ORDER denying 3 Motion for Leave to Proceed in forma pauperis. Within 30 days of the date this Order is filed, Petitioner must pay the $5.00 filing fee. If Petitioner fails to pay the filing fee, the Clerk must enter a judgment of dismissal of this action without prejudice. Signed by Judge Stephen M McNamee on 06/28/07.(DNH)

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Romero v. Schriro et al Doc. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 JDDL WO TCK IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Valentino Javier Romero, Petitioner, vs. Dora Schriro, et al., Respondents. ) ) ) ) ) ) ) ) ) ) ) ) No. CV 07-1207-PHX-SMM (BPV) ORDER On June 19, 2007, Petitioner Valentino Javier Romero, who is confined in the Arizona State Prison Complex in Buckeye, Arizona, filed a pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254. Petitioner has not paid the $5.00 filing fee but he has filed an Application to Proceed In Forma Pauperis. I. Petitioner Must Pay Filing Fee Rule 3.5(b) of the Local Rules of Civil Procedure requires that "[i]f a habeas corpus petitioner desires to prosecute the petition in forma pauperis, the petitioner shall file an application to proceed [in forma pauperis] on a form approved by the Court, accompanied by a certification of the warden or other appropriate officer of the institution in which the petitioner is confined as to the amount of money or securities on deposit to the petitioner's credit." Rule 3.5(b) also requires payment of the $5.00 filing fee if a petitioner has in excess of $25.00 in his inmate account. 28 Case 2:07-cv-01207-SMM--BPV Document 4 Filed 06/29/2007 Page 1 of 3 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JDDL Petitioner's Application reflects a balance of $39.30 in his inmate account. Accordingly, Petitioner is required to pay the $5.00 filing fee. Petitioner will be granted thirty days within which to do so. II. Warnings A. Address Changes Petitioner must file and serve a notice of a change of address in accordance with Rule 83.3(d) of the Local Rules of Civil Procedure. Petitioner must not include a motion for other relief with a notice of change of address. Failure to comply may result in dismissal of this action. B. Copies Petitioner must submit an additional copy of every filing for use by the Court. See LRCiv 5.4. Failure to comply may result in the filing being stricken without further notice to Petitioner. C. Possible dismissal If Petitioner fails to timely comply with every provision of this Order, including these warnings, the Court may dismiss this action without further notice. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (a district court may dismiss an action for failure to comply with any order of the Court). IT IS ORDERED: (1) That Petitioner's Application to Proceed In Forma Pauperis (Doc. #3) is denied; (2) filing fee; // // // Within 30 days of the date this Order is filed Petitioner must pay the $5.00 Case 2:07-cv-01207-SMM--BPV -2Document 4 Filed 06/29/2007 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JDDL (3) If Petitioner fails to pay the $5.00 filing fee within 30 days, the Clerk of Court must enter a judgment of dismissal of this action without prejudice and without further notice to Petitioner. DATED this 28th day of June, 2007. Case 2:07-cv-01207-SMM--BPV -3Document 4 Filed 06/29/2007 Page 3 of 3

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