BAKER v. SECRETARY DEPARTMENT OF CORRECTIONS

Filing 3

ORDER re 1 Petition for Writ of Habeas Corpus filed by JAMES LONNIE BAKER, JR - Clerk shall forward to petitioner a form application for leave to proceed IFP, w/this case number written on it. - - Within thirty (30) days, petitio ner shall either pay $5.00 habeas fee; or submit a completed IFP application as directed. (HABEAS Fee due by 11/12/2009 ; Alternatively IFP Motion due by 11/12/2009. )- - Signed by MAGISTRATE JUDGE MILES DAVIS on October 13, 2009. (cbj)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION JAMES LONNIE BAKER, JR., Petitioner, vs. SECRETARY DEPARTMENT OF CORRECTIONS, Respondent. CASE NO.: 3:09cv444/LAC/MD

ORDER Petitioner has filed a petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. 1). However, petitioner has neither paid the $5.00 filing fee nor applied for leave to proceed in forma pauperis. Petitioner's case cannot proceed until he either pays the filing fee or files a complete application for leave to proceed in forma pauperis. A complete application includes a motion with supporting affidavit, a prisoner consent form and a financial certificate with account attachments (a printout of the transactions in petitioner's inmate trust account for the six-month period immediately preceding the filing of his petition). Accordingly, it is ORDERED: 1. The Clerk shall forward to the petitioner a form application for leave to

proceed in forma pauperis. This case number shall be written on the form. 2. W ithin thirty (30) days of the date of this order, petitioner shall either pay the

$5.00 filing fee in full, or submit a complete application for leave to proceed in forma pauperis. Failure to do so will result in a recommendation of dismissal of this case. DONE AND ORDERED this 13th day of October, 2009. /s/

Miles Davis
MILES DAVIS UNITED STATES MAGISTRATE JUDGE