CLARKE v. FLORIDA DEPARTMENT OF CORRECTIONS

Filing 3

ORDERED: re 1 Petition filed by BRIAN CLARKE. Clerk shall forward Petitioner an application for IFP. Petitioner shall have until 1/7/2010 to either file application for IFP or pay the $5.00 filing fee. ( Fee due by 1/7/2010.) Signed by MAGISTRATE JUDGE ALLAN KORNBLUM on 12/8/2009. (Motion for IFP forwarded to Petitioner.) (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION BRIAN CLARKE, Petitioner, v. FLORIDA DEPARTMENT OF CORRECTIONS, Respondent. ___________________________/ ORDER This matter is before the Court on Doc. 1, Petition for Writ of Habeas Corpus, filed by Brian Clarke. Petitioner has not, however, paid the $5.00 filing fee or filed a motion for leave to proceed in forma pauperis. Therefore, consideration of the petition will be deferred until payment is received or IFP is granted. Accordingly, it is ORDERED: That the Clerk shall forward to Petitioner an application for leave to proceed in forma pauperis ; That Petitioner shall have until January 7, 2010, to either file an application for leave to proceed in forma pauperis or pay the $5.00 filing fee; That 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 8th day of December, 2009. CASE NO. 5:09-cv-00382-RH-AK

s/ A. KORNBLUM
ALLAN KORNBLUM UNITED STATES MAGISTRATE JUDGE