Towles v. Baca et al

Filing 5

ORDER that by 11/03/2016 Petitioner shall submit either the $5.00 filing fee or a fully completed application to proceed in forma pauperis.Failure to do so may result in the dismissal of this action without prejudice. Signed by Judge Howard D. McKibben on 10/04/2016. (Copies have been distributed pursuant to the NEF - KW)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 *** DEE V. TOWLES, 12 13 14 15 Case No. 3:16-cv-00050-HDM-WGC Petitioner, ORDER v. BACA, et al., Respondents. 16 Petitioner has submitted a pro se petition for writ of habeas corpus, pursuant to 17 28 U.S.C. § 2254, and a financial certificate (ECF Nos. 1-1, 1-3). He has not, however, 18 submitted a completed application to proceed in forma pauperis or the required inmate 19 account statements for the past sixth months. 28 U.S.C. § 1915(a)(2); Local Rule 20 LSR1-2. Petitioner submitted both a “notice” and a “letter” to the Clerk indicating his 21 belief that $14.88 was sent or transferred from his inmate account to the Clerk as the 22 filing fee to initiate this action (ECF Nos. 3, 4). The Clerk’s records do not reflect receipt 23 of any funds from Towles. Accordingly, petitioner shall have thirty (30) days to submit 24 either the $5.00 filing fee or a completed application to proceed in forma pauperis. 25 Failure to do so may result in the dismissal of this action without prejudice. 26 27 28 1 1 2 3 4 IT IS THEREFORE ORDERED that within thirty (30) days of the date of this 5 order petitioner shall submit either the $5.00 filing fee or a fully completed application to 6 proceed in forma pauperis. 7 8 IT IS FURTHER ORDERED that failure to do so may result in the dismissal of this action without prejudice. 9 10 Dated: October 4, 2016. 11 HOWARD D. MCKIBBEN UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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