Filing 7

ORDER SETTING DEADLINE ( Filing fee due by 11/2/2009, or in the alternative Motions due by 11/2/2009.). Signed by MAGISTRATE JUDGE ALLAN KORNBLUM on 10/5/09. (bkp)

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Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION VERDELL ROBINSON Petitioner, vs. WALTER MCNEIL, Respondent. / ORDER This cause is before the Court on Petitioner's petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. Doc. 1. Petitioner has not paid the filing fee or filed a motion for leave to proceed in forma pauperis. Review of Petitioner's petition will be therefore 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 2, 2009, to either file an application for leave to proceed in forma pauperis or pay the $5.00 filing fee; CASE NO. 4:09CV357-MMP/AK Page 2 of 2 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 5th day of October, 2009. s/ A. KORNBLUM ALLAN KORNBLUM UNITED STATES MAGISTRATE JUDGE

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