BLAIR v. MCNEIL

Filing 4

ORDER re 1 Petition for Writ of Habeas Corpus filed by ALAN DALE BLAIR 1. Clerk shall forward IFP form to petitioner, with this case number written on it. 2. Within thirty (30) days of order date, petitioner shall either pay $5.00 filing fee, or submit completed application IFP. HABEAS Filing Fee due by 10/4/2008; Alternatively, IFP Motion due by 10/4/2008. Signed by MAGISTRATE JUDGE MILES DAVIS on September 4, 2008.(cc: Blair w/ifp) (cbj) Modified on 9/9/2008 (typo) (cbj).

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION ALAN DALE BLAIR, Petitioner, vs. WALT ER A. MCNEIL, Respondent. CASE NO.: 5:08cv264/RS/MD

ORDER Petitioner has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (Doc. 1). However, petitioner has neither paid the $5.00 filing fee nor applied for leave to proceed in forma pauperis. Petitioner's case cannot proceed until he either pays the filing fee or files a complete application for leave to proceed in forma pauperis. A complete application includes a motion with supporting affidavit, a prisoner consent form and a financial certificate with account attachments (a printout of the transactions in petitioner's inmate trust account for the past six months). Accordingly, it is ORDERED: 1. The Clerk shall forward to the petitioner a form application for leave to proceed in forma pauperis. This case number shall be written on the form. 2. Within thirty (30) days of the date of this order, petitioner shall either pay the $5.00 filing fee in full, or submit a complete application for leave to proceed in forma pauperis. Failure to do so may result in a recommendation to the District Court that this case be dismissed. DONE AND ORDERED this 4th day of September, 2008. /s/

Miles Davis
MILES DAVIS UNITED STATES MAGISTRATE JUDGE