ROBINSON v. MCNEIL

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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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

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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