MAYE v. MCNEIL

Filing 5

ORDER re 2 MOTION for Leave to Proceed in forma pauperis filed by EDMUND MAYE directing clerk to forward petitioner an amended IFP application or pay filing fee ( Fee due by 2/6/2009., Motions due by 2/6/2009.). Signed by MAGISTRATE JUDGE ALLAN KORNBLUM on 1/5/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION EDMUND MAYE, Petitioner, v. WALTER MCNEIL, Respondent. ___________________________/ ORDER This matter is before the Court on Doc. 2, Motion for Leave to Proceed in forma pauperis, by Edmund Maye. Petitioner has not submitted a financial certificate which has been completed by a prison official or a statement of account covering the six-month period preceding the filing of the habeas petition. Thus, the motion for IFP requires amendment. Petitioner will therefore be required to file an amended motion for IFP in this case, which includes the necessary financial certification and account information. Accordingly, it is ORDERED: That the Clerk shall forward to Petitioner an application for leave to proceed in forma pauperis ; Petitioner shall have until February 6, 2009, to file an amended application for leave to proceed in forma pauperis which includes his inmate account information, clearly designated as an "amended" application, or pay the $5.00 filing fee; CASE NO. 4:08-cv-577-SPM-AK

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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 5th day of January, 2009.

s/ A. KORNBLUM
ALLAN KORNBLUM UNITED STATES MAGISTRATE JUDGE

Case No: 4:08-cv-577-SPM-AK