Dunbar v. Arizona, State of et al

Filing 5

ORDER that Petitioner's Application to Proceed In Forma Pauperis is denied. Petitioner has 30 days from the date of filing of this Order to pay the $5.00 filing fee. The Clerk of Court must enter a judgment of dismissal without prejudice if Petitioner fails to pay the filing fee within 30 days from the date of filing of this Order.Special Prisoner Deadline due by 11/25/2007. Signed by Judge Stephen M McNamee on 10/24/07. (TLJ)

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Dunbar v. Arizona, State of et al Doc. 5 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 MDR IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Forrest Dunbar, Petitioner, v. State of Arizona, et al., Respondents. ) ) ) ) ) ) ) ) ) ) No. CV 07-8102-PCT-SMM (MHB) ORDER On October 18, 2007, Petitioner Forrest Dunbar, who is confined in the Arizona State Prison Complex in Yuma, Arizona, filed a Petition under 28 U.S.C. 2254 for a Writ of Habeas Corpus by a Person in State Custody (Doc. #1) and an Application to Proceed In Forma Pauperis. I. Application to Proceed In Forma Pauperis Local Rule of Civil Procedure 3.5(b) requires payment of the $5.00 filing fee1 if a petitioner has more than $25.00 in his inmate account. Here, Petitioner's Application to Proceed indicates that he has $34.75 in his inmate account. Accordingly, the Application to Proceed will be denied, and Petitioner will be given 30 days to pay the $5.00 filing fee. If Petitioner fails to pay the $5.00 filing fee within 30 days, the Petition for a Writ of Habeas Corpus will be dismissed. II. Warnings A. 1 Address Changes 28 The $5.00 filing fee is set pursuant to 28 U.S.C. 1914(a). Case 3:07-cv-08102-SMM--MEA Document 5 Filed 10/25/2007 Page 1 of 2 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 JDDL 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. 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 HEREBY ORDERED: 1) is DENIED. 2) filing fee. 3) The Clerk of Court must enter a judgment of dismissal of this action without Petitioner has 30 days from the date of filing of this Order to pay the $5.00 Petitioner's Application To Proceed In Forma Pauperis, filed with the Petition, prejudice, without further notice to Petitioner, if Petitioner fails to pay the $5.00 filing fee within 30 days from the date of filing of this Order. DATED this 24th day of October, 2007. 28 Case 3:07-cv-08102-SMM--MEA -2Document 5 Filed 10/25/2007 Page 2 of 2

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