No. 07-5209.United States Court of Appeals, District of Columbia Circuit.
Filed On: August 22, 2007.
BEFORE: Ginsburg, Chief Judge, and Henderson and Griffith, Circuit Judges.
Per Curiam.
ORDER
Upon consideration of the petition for writ of mandamus, received June 11, 2007, and the Clerk’s order, filed June 21, 2007, ordering petitioner either to pay the $450 docketing fee to the Clerk of this court or to file with this court a motion for leave to proceed in forma pauperis (“IFP”), and petitioner’s response thereto, it is.
ORDERED that petitioner, within 30 days of the date of this order, comply with the requirements of the June 21st order. Petitioner is correct that the fee assessment provisions of the Prison Litigation Reform Act (“PLRA”) do not apply to him in this case, because he is seeking mandamus relief relating to a habeas corpus filing. See In reSmith, 114 F.3d 1247, 1250 (D.C. Cir 1997); U.S. v. Levi, 111 F.3d 955 (D.C. Cir. 1997). The June 21st order did not require petitioner to comply with the PLRA filing fee requirements. It did require, however, that petitioner either pay the $450 filing fee or move for IFP status, pursuant to 28 U.S.C. § 1915(a)(1). Because petitioner’s petition may not properly be filed with this court until he either pays or moves for IFP, failure to comply with this order will result in dismissal of the case for lack of prosecution. See D.C. Cir. Rule 38.
The Clerk is directed to send a copy of this order to petitioner by whatever means necessary to ensure receipt.
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