NIEVES v. TUCKER

Filing 3

ORDER re 1 Petition for Writ of Habeas Corpus filed by DAVID NIEVES is deferred review until $5.00 filing fee paid or an application for leave to proceed IFP is filed. Clerk directed to forward Petitioner an application for IFP. (Fee due by 11/18/2011.). Signed by MAGISTRATE JUDGE GARY R JONES on 11/2/2011. (Application for IFP sent to Petitioner w/order.) (jws)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
DAVID NIEVES,
Petitioner,
v.

CASE NO. 1:11-cv-235-SPM-GRJ

SECRETARY, DEPARTMENT
OF CORRECTIONS,
Respondent.
_____________________________/
Petitioner, an inmate in state custody proceeding pro se, has filed a petition for
writ of habeas corpus pursuant to 28 U.S.C. § 2254. (Doc. 1.) Petitioner did not,
however, file a motion for leave to proceed in forma pauperis or pay the filing fee.
Review of Petitioner's petition therefore will be deferred until the $5.00 filing fee is paid
or an application for leave to proceed in forma pauperis is submitted.
Accordingly, it is ORDERED:
1. The Clerk of Court shall forward to Petitioner an application for leave to
proceed in forma pauperis.
2. Petitioner shall have until November 18, 2011 to either file an application for
leave to proceed in forma pauperis or pay the $5.00 filing fee.
3. Failure to respond to this order as instructed will result in a
recommendation of dismissal of this action for failure to prosecute and failure to
comply with an order of this court.
DONE AND ORDERED this 2nd day of November, 2011.

s/ Gary R. Jones
GARY R. JONES
United States Magistrate Judge