Jose Luis Gonzalez v. L. E. Scribner

Filing 3

ORDER signed by Judge William M. Wunderlich on 4/10/06 ORDERING petitioner to submit a completed application to proceed in forma pauperis and certified copy of trust account statement, or in the alternative, pay the $5.00 filing fee by 5/15/2006. (Carter-Ford, R)

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(HC) Jose Luis Gonzalez v. L. E. Scribner Doc. 3 Case 1:06-cv-00377-WMW Document 3 Filed 04/11/2006 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Respondent. 16 17 18 19 20 21 22 23 24 25 26 1 / Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 together with an application to proceed in forma pauperis pursuant to 28 U.S.C. 1915. However, petitioner's JOSE LUIS GONZALEZ, Petitioner, vs. L. E. SCRIBNER, Warden, 1:06-CV-0377 AWI WMW HC ORDER TO SUBMIT NEW APPLICATION TO PROCEED IN FORMA PAUPERIS AND CERTIFIED COPY OF TRUST ACCOUNT STATEMENT OR PAY FILING FEE IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA application to proceed in forma pauperis did not include the required original signature by an authorized officer of the institution of incarceration. Additionally, petitioner has not filed a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the Dockets.Justia.com Case 1:06-cv-00377-WMW Document 3 Filed 04/11/2006 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 petition. See 28 U.S.C. 1915(a)(2). Petitioner will be provided the opportunity to submit a new application to proceed in forma pauperis and a certified copy of his trust account statement or pay the $5.00 filing fee. Accordingly, IT IS HEREBY ORDERED that: 1. The Clerk's Office shall send to petitioner the form for application to proceed in forma pauperis. 2. Within thirty days of the date of service of this order, petitioner shall submit a completed application to proceed in forma pauperis and a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the petition, or in the alternative, pay the $5.00 filing fee for this action. Failure to comply with this order will result in a recommendation that this action be dismissed. IT IS SO ORDERED. Dated: bl0dc4 April 10, 2006 /s/ William M. Wunderlich UNITED STATES MAGISTRATE JUDGE 2

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