Flores v. Schriro et al

Filing 4

ORDER Within 30 days of the date this Order is filed, Petitioner must either pay the $5.00 filing fee or file a completed Application to Proceed In Forma Pauperis. If Petitioner fails to either pay the $5.00 filing fee or file a completed A pplication to Proceed In Forma Pauperis within 30 days, the Clerk of Court must enter a judgment of dismissal of this action without prejudice and without further notice to Petitioner. The Clerk of Court must mail Petitioner a court-approved form for filing an Application to Proceed In Forma Pauperis (Habeas). Possible Dismissal due by 10/30/2008. Signed by Judge Stephen M McNamee on 9/29/08. (Attachments: # 1 Application to Proceed IFP)(KMG, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Lino Flores, Petitioner, vs. Dora Schriro, et al., Respondents.

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No. CV 08-1705-PHX-SMM (ECV) ORDER

On September 15, 2008, Petitioner Lino Flores, who is confined in the Arizona State Prison Complex-Eyman, 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 or filed an Application to Proceed In Forma Pauperis. I. Failure to 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.

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Because Petitioner has not paid the $5.00 filing fee or filed an Application to Proceed In Forma Pauperis, Petitioner will be given 30 days from the date this Order is filed to either pay the $5.00 filing fee or file a completed Application to Proceed In Forma Pauperis using the form included with this Order. 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) Within 30 days of the date this Order is filed, Petitioner must either pay the

$5.00 filing fee or file a completed Application to Proceed In Forma Pauperis. (2) If Petitioner fails to either pay the $5.00 filing fee or file a completed

Application to Proceed In Forma Pauperis within 30 days, the Clerk of Court must enter a judgment of dismissal of this action without prejudice and without further notice to Petitioner. .... ....
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(3)

The Clerk of Court must mail Petitioner a court-approved form for filing an

Application to Proceed In Forma Pauperis (Habeas). DATED this 29th day of September, 2008.

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