FAULKNER v. OSBOURNE

Filing 6

ORDER re 2 MOTION for Leave to Proceed in forma pauperis filed by DAVID CHESTER FAULKNER is DENIED. Petitioner shall pay filing fee or Court will recommend case be dismissed for failure to prosecute. (Fee due by 9/12/2011.). Signed by MAGISTRATE JUDGE GARY R JONES on 8/11/2011. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
DAVID CHESTER FAULKNER,
Petitioner,
v.

CASE NO. 4:11-cv-361-SPM-GRJ

DAVID OSBOURNE, WARDEN,
Respondent.
____________________________/
ORDER
Petitioner initiated this case by filing Doc. 1, a petition for a writ of habeas
corpus, and Doc. 2, a motion for leave to proceed as a pauper. The Court deferred a
ruling on the motion because Petitioner failed to submit a six-month account statement
in accordance with 28 U.S.C. § 1915(b), and ordered Petitioner to submit the account
statement. Petitioner has filed an account statement, but it again is deficient because it
does not cover the six-month period preceding the filing of this case (February 2011
through July 2011). The statement provided by Petitioner includes only September
2010 through November 2010. Accordingly it is ORDERED:
1. That the motion for leave to proceed as a pauper, Doc. 2, is DENIED.
2. Petitioner shall pay the habeas corpus filing fee on or before September 12,
2011, failing which the Court will recommend, without further notice, that this
case be dismissed for failure to prosecute.
DONE AND ORDERED this 11th day of August 2011.

s/Gary R. Jones
GARY R. JONES
United States Magistrate Judge