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Anthony Dean Dixon v. Mike Mcdonald

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 17, 2010

ANTHONY DEAN DIXON, III, PETITIONER,
v.
MIKE MCDONALD, WARDEN, RESPONDENT.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Plaintiff has consented to proceed before the undersigned for all purposes. See 28 U.S.C. § 636(c). By an order filed November 16, 2010, petitioner was ordered to file a new application to proceed in forma pauperis within thirty days and was cautioned that failure to do so would result in a recommendation that this action be dismissed. The thirty day period has now expired, and petitioner has not responded to the court's order and has not filed a new application to proceed in forma pauperis.

However, on November 16, 2010, petitioner's letter dated November 11, 2010, was docketed. (Dkt. No. 4.) Petitioner provided a copy of prison officials' refusal to send the $5.00 filing fee to the court without the accompanying petition for writ of habeas corpus, claiming that the petition and the check "must be sent to the court altogether so [the] court knows reason for check." (Dkt. No. 4 at 4.) Petitioner asked the court to return the cover page of the petition to him as he mailed it to the court on November 7, 2010, and did not know his court case number.

Good cause appearing, petitioner is granted an extension of time in which to provide the filing fee. The Clerk of the Court is directed to send petitioner a copy of the first six pages of the petition (dkt. no. 1 at 1-6) to present to prison officials. Petitioner is cautioned, however, that failure to comply with this order will result in the dismissal of this action.

IT IS HEREBY ORDERED that:

1. Petitioner is granted thirty days to pay the appropriate filing fee; and

2. The Clerk of the Court is directed to send petitioner a copy of the first six pages of the petition. (Dkt. No. 1 at 1-6.)

20101217

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