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David Nieves v. Secretary

November 2, 2011

DAVID NIEVES, PETITIONER,
v.
SECRETARY, DEPARTMENT OF CORRECTIONS, RESPONDENT.



The opinion of the court was delivered by: Gary R. Jones United States Magistrate Judge

Petitioner, an inmate in state custody proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (Doc. 1.) Petitioner did not, however, file a motion for leave to proceed in forma pauperis or pay the filing fee. Review of Petitioner's petition therefore will be deferred until the $5.00 filing fee is paid or an application for leave to proceed in forma pauperis is submitted.

Accordingly, it is ORDERED:

1. The Clerk of Court shall forward to Petitioner an application for leave to proceed in forma pauperis.

2. Petitioner shall have until November 18, 2011 to either file an application for leave to proceed in forma pauperis or pay the $5.00 filing fee.

3. 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.

Gary R. Jones

20111102

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