Downs v. Williams et al

Filing 2

ORDER that the Clerk shall send petitioner a set of forms for a motion to proceed in forma pauperis. Petitioner shall have 30 days from the date of the entry of this order to pay the filing fee or file IFP motion. Signed by Judge Gloria M. Navarro on 9/1/10. (Copies have been distributed pursuant to the NEF - cc- petitioner - EDS)

Downs v. Williams et al

Doc. 2

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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

JIMMY EARL DOWNS, Petitioner, vs. WARDEN BRIAN WILLIAMS, et al., Respondents.

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Case No.: 2:10-cv-01444-GMN-PAL ORDER

Petitioner has submitted a habeas corpus petition pursuant to 28 U.S.C. § 2254, but has neither paid the required filing fee nor filed an appropriate motion for leave to proceed in forma pauperis. The petition cannot be filed without either payment of the required filing fee or a grant of leave to proceed in forma pauperis based on a fully complete motion. Petitioner shall be sent the correct IFP form for use, should he wish to file a motion for leave to proceed in forma pauperis in this action. In the interim, Petitioner shall be given leave to proceed in forma pauperis on a temporary basis. IT IS THEREFORE ORDERED that the Clerk shall send to petitioner a set of forms for a motion to proceed in forma pauperis. Petitioner shall have thirty (30) days from the date of the entry of this order within which to either pay the required filing fee or file a fully and properly completed motion for leave to proceed in forma pauperis. The failure to do so in a timely manner will result in the dismissal of this action. DATED this 1st day of September, 2010. ________________________________ Gloria M. Navarro United States District Judge

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