WARREN v. WASHINGTON

ORDER TO CORRECT IFP DEFICIENCY

J. RICHARD CREATURA, Magistrate Judge.

The District Court has referred this petition for a writ of habeas corpus to United States Magistrate Judge J. Richard Creatura. The District Court's authority for the referral is 28 U.S.C. § 636(b)(1)(A) and (B), and local Magistrate Judge Rules MJR3 and MJR4. Petitioner seeks relief from a state conviction.

Petitioner filed his petition pursuant to 28 U.S.C. § 2254 on October 6, 2017. Dkt. 1. However, the Clerk noted that he had not paid the filing fee or filed a motion for leave to proceed in forma pauperis ("motion for IFP") and sent a letter to petitioner explaining his deficiency. Dkt. 3. The Clerk warned that petitioner had until November 13, 2017 to file an amended motion with a certified copy of his prison trust account or his action could face dismissal. Id. Petitioner has failed to do so.

Therefore, the Court orders petitioner to file a motion for IFP with a certified copy of his prison trust account or pay the $5.00 filing fee on or before December 15, 2017. If petitioner fails to do so, the Court will recommend that petitioner's habeas petition be dismissed for failure to obey a court order and failure to prosecute.

In the alternative, petitioner may file a motion to voluntarily dismiss his petition without prejudice. He may then refile his action at a later date.