Opinion
No. CIV S-08-2630 KJM P.
November 14, 2008
ORDER
Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of mandate, which the court construes as a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has not, however, filed an in forma pauperis affidavit or paid the required filing fee ($5.00). See 28 U.S.C. §§ 1914(a), 1915(a). Petitioner will be provided the opportunity to either submit the appropriate affidavit in support of a request to proceed in forma pauperis or submit the appropriate filing fee.
In accordance with the above, IT IS HEREBY ORDERED that:
1. Petitioner shall submit, within thirty days from the date of this order, an affidavit in support of his request to proceed in forma pauperis or the appropriate filing fee; petitioner's failure to comply with this order will result in the dismissal of this action; and
2. The Clerk of the Court is directed to send petitioner a copy of the in forma pauperis form used by this district.