For the
Transition Period Ended: _______________________
Nothing
in this form shall be construed to imply that the Commission has verified any
information contained herein.
If the
notification relates to a portion of the filing checked above, identify the
Item(s) to which the notification relates:
___________________________________________________
PART
I
REGISTRANT
INFORMATION
EARTH
BIOFUELS, INC.
Full
Name of Registrant
Former
Name if Applicable
3001
KNOX STREET, SUITE 403
Address
of Principal Executive Office (Street and
Number)
If the
subject report could not be filed without unreasonable effort or expense and the
registrant seeks relief pursuant to Rule 12b-25 (b), the following should be
completed. (Check box if appropriate.)
T
(a) The
reasons described in reasonable detail in Part III of this form could not
be eliminated without unreasonable effort or expense;
(b) The
subject annual report, semi-annual report, transition report on Form 10-K,
20-F, 11-K or Form 10-Q, or portion thereof will be filed on or before the
15th
calendar day following the prescribed due date; or the subject quarterly
report or transition report on Form 10-Q, or portion thereof will be filed
on or before the fifteenth calendar day following the prescribed due date;
and
(c) The
accountant’s statement or other exhibit required by Rule 12b-25(c) has
been attached if applicable.
ART
III
NARRATIVE
State
below in reasonable detail the reasons why Form 10-K, 20-F, 11-K, 10-Q, 10-D,
N-SAR, N-CSR, or the transition report portion thereof could not be filed within
the prescribed time period.
Registrant
has been unable to complete its Form 10-Q for the three months ended December31, 2008, within the prescribed time because of delays in completing the
preparation of its financial statements and its management discussion and
analysis. Such delays are primarily due to Registrant's management's dedication
of such management's time to business matters and pending transactions. This has
taken a significant amount of management's time away from the preparation of the
Form 10-Q and delayed the preparation of the audited financial statements for
the three months ended December 31, 2008.
PART
IV
OTHER
INFORMATION
(1) Name
and telephone number of person to contact in regard to this
notification
DARREN
L. MILES
(214)
389-9800
(Name)
(Area
Code)
(Telephone
Number)
(2) Have
all other periodic reports required under Section 13 or 15(d) of the Securities
Exchange Act of 1934 or Section 30 of the Investment Company Act of 1940 during
the preceding 12 months or for such shorter period that the registrant was
required to file such report(s) been filed? If the answer is no, identify
report(s). T
Yes ¨ No
(3) Is it
anticipated that any significant change in results of operations from the
corresponding period for the last fiscal year will be reflected by the earnings
statements to be included in the subject report or portion thereof?
¨ Yes T No
If so,
attach an explanation of the anticipated change, both narratively and
quantitatively, and, if appropriate, state the reasons why a reasonable estimate
of the results cannot be made.
EARTH
BIOFUELS, INC.
Name
of Registrant as Specified in
Charter
has
caused this notification to be signed on its behalf by the undersigned thereunto
duly authorized.
