OWENS v. MCNEIL

Filing 4

ORDER re 1 Petition for Writ of Habeas Corpus filed by JASON WAYNE OWENS. - Clerk to send petitioner an application to proceed in forma pauperis (IFP). -- Within thirty (30) days, petitioner shall either pay $5.00 fee, or submit completed application IFP. - - (Habeas Fee due by 11/27/2009 ; Alternatively, IFP Motion due by 11/27/2009. ) - - Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on October 28, 2009.- (form to petitioner) (cbj)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION JASON WAYNE OWENS, Petitioner, vs. WALTER A. McNEIL, Respondent. _____________________________/ ORDER This cause is before the court upon Petitioner's filing a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (Doc. 1). The court notes that Petitioner has neither applied for leave to proceed in forma pauperis nor paid the filing fee. Before this matter may proceed, Petitioner must either pay the filing fee or obtain leave to proceed in forma pauperis by filing a fully and properly completed application and attachments. Accordingly, it is ORDERED: 1. 2. pauperis. 3. Petitioner's failure to comply with this order may result in a recommendation of dismissal of this action for failure to comply with an order of the court. DONE AND ORDERED this 28th day of October 2009. The clerk is directed to send to Petitioner an application to proceed in forma pauperis. Within THIRTY (30) DAYS from the date of docketing of this order, Petitioner shall Case No. 3:09cv465/MCR/EMT

either pay the filing fee of $5.00 or submit a fully completed application to proceed in forma

/s/ Elizabeth M. Timothy ELIZABETH M. TIMOTHY UNITED STATES MAGISTRATE JUDGE