Smith v. Scillia et al

Filing 4

ORDER that petitioners motion for leave to proceed in forma pauperis without having to prepay the full filing fee is DENIED. Petitioner shall have thirty (30) days from the date this order is ENTERED in which to have the designated fee sent to the Clerk. Failure to do so may result in the dismissal of this action. Signed by Judge Philip M. Pro on 9/21/10. (Copies have been distributed pursuant to the NEF - ECS)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DATED: September 21, 2010. vs. ANTHONY SCILLIA, et al., Respondent. BRECK SMITH, Petitioner, UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ) ) ) ) ) ) ) ) ) ) )

2:10-CV-01596-PMP-PAL ORDER

Petitioner Breck Smith has filed an application to proceed in forma pauperis and submitted a petition for a writ of habeas corpus and various motions. Based on the current information about petitioner's financial status, including any additional information he may have provided, the Court finds that he is able to pay the full fee pursuant to 28 U.S.C. § 1915. IT IS THEREFORE ORDERED that petitioner's motion for leave to proceed in forma pauperis without having to prepay the full filing fee is DENIED. Petitioner shall have thirty (30) days from the date this order is ENTERED in which to have the designated fee sent to the Clerk. Failure to do so may result in the dismissal of this action. The Clerk is directed to RETAIN the complaint but not file it at this time.

PHILIP M. PRO United States District Judge