Counts v. Nevan et al

Filing 2

ORDER that the Clerk of Court shall send petitioner a set of forms to proceed in forma pauperis. Petitioner shall have 30 days from the date of entry of this order to pay filing fee or file a completed motion for leave to proceed in forma pauperis. Signed by Judge Gloria M. Navarro on 2/13/2013. (Copies have been distributed pursuant to the NEF - cc: petitioner - EDS)

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1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 5 KENNETH COUNTS, 6 Petitioner, 7 vs. 8 DWIGHT NEVEN, et al., 9 Respondents. ) ) ) ) ) ) ) ) ) / 2:11-cv-01571-GMN-GWF ORDER 10 11 Petitioner has submitted a habeas corpus petition pursuant to 28 U.S.C. ยง 2254, but has neither 12 paid the required filing fee nor filed an appropriate motion for leave to proceed in forma pauperis. The 13 petition cannot be filed without either payment of the required filing fee or a grant of leave to proceed 14 in forma pauperis based on a fully complete motion. Petitioner shall be sent the correct pauper form for 15 use should he wish to file a motion for leave to proceed in forma pauperis in this action. Accordingly, 16 Petitioner shall be given leave to proceed in forma pauperis on a temporary basis. 17 IT IS THEREFORE ORDERED that the Clerk shall send to petitioner a set of forms for a 18 motion to proceed in forma pauperis. Petitioner shall have thirty (30) days from the date of the entry 19 of this order within which to either pay the required filing fee, or file a fully and properly completed 20 motion for leave to proceed in forma pauperis. The failure to timely do so will result in the dismissal 21 of this action. 22 DATED this 13th day of February, 2013. 23 24 25 26 ________________________________ Gloria M. Navarro United States District Judge

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