REPORT AND RECOMMENDATION
JAMES P. DONOHUE, Chief Magistrate Judge.
Proceeding pro se, petitioner has filed a proposed habeas petition under 28 U.S.C. § 2241. By letter dated December 12, 2016, petitioner was granted 30 days to either pay the filing fee or submit a completed application to proceed in forma pauperis ("IFP"), along with a certified copy of his prison trust account statement showing transactions for the past six months. Dkt. 4. Petitioner was advised that failure to respond to the letter by January 11, 2017, could result in dismissal of the case. Id. On January 17, 2017, the Court granted petitioner an extension of time until February 17, 2017, to correct the IFP deficiency. Dkt. 5.
To date, petitioner has neither paid the filing fee nor corrected the IFP deficiency. Accordingly, the Court recommends this action be DISMISSED without prejudice for failure to pay the filing fee as required by 28 U.S.C. § 1914. A proposed order accompanies this Report and Recommendation.
Objections to this Report and Recommendation, if any, should be filed with the Clerk and served upon all parties to this suit by no later than
This Report and Recommendation is not an appealable order. Thus, a notice of appeal seeking review in the Court of Appeals for the Ninth Circuit should not be filed until the assigned District Judge acts on this Report and Recommendation.