MARTIN v. MCNEIL

Filing 8

ORDER re 1 Petition for Writ of Habeas Corpus filed by STANLEY DELORD MARTIN - - 1. Petitioner's 7 MOTION for Leave to Proceed in forma pauperis is Denied without prejudice. - 2. Clerk shall send petitioner an IFP motion and a prisoner consent form and financial certificate. - 3. Within thirty (30) days from docketing date of this order, Petitioner shall (1) pay $5.00 filing fee, or (2) submit completed IFP motion as directed. - - - (HABEAS Fee due by 4/5/201 0 ; Alternatively, IFP Motion due by 4/5/2010. ) - - - Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on March 5, 2010.- - (forms to petitioner) (cbj) - - *Modified on 3/5/2010 (fee status update "due" - date remains blank) (cbj).

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION STANLEY DELORD MARTIN, Petitioner, vs. WALTER McNEIL, Respondent. ________________________________________/ ORDER Petitioner, an inmate proceeding pro se, initiated this action by filing a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (Doc. 1). Petitioner also filed a motion to proceed in forma pauperis (Doc. 7). Upon review of the motion to proceed in forma pauperis, the court concludes that Petitioner failed to provide the requisite supporting documentation for the motion, specifically, a financial certificate signed by a prison official with an attached copy of his trust fund account statement covering the six-month period preceding the filing of the petition. See 28 U.S.C. § 1915(a)(2). Therefore, the motion will be denied without prejudice to Petitioner's refiling a complete motion with the required supporting documentation. Accordingly, it is ORDERED: 1. prejudice. 2. 3. The clerk shall send Petitioner a motion to proceed in forma pauperis and a prisoner Within THIRTY (30) DAYS from the date of docketing of this order Petitioner shall consent form and financial certificate approved for use in the Northern District. (1) pay the $5.00 filing fee, or (2) submit a completed motion to proceed in forma pauperis with the requisite prisoner consent form and financial certificate signed by a prison official, including an Petitioner's motion to proceed in forma pauperis (Doc. 7) is DENIED without Case No. 3:10cv28/MCR/EMT

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attached computer printout of the transactions in his prison account during the preceding six month p e r i o d. 4. Failure to comply with this order as instructed may result in a recommendation that this case be dismissed for failure to comply with an order of the court. DONE AND ORDERED this 5th day of March 2010.

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

Case No.: 3:10cv28/MCR/EMT