Moten v. Carey

Filing 3

ORDER signed by Judge Peter A. Nowinski on 10/11/05 ORDERING The petitioner to submit the HC filing fee or the completed application for IFP w/in 30 days of this order. The clerk shall send petitioner a new application for IFP. (Sherman, T)

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(HC) Moten v. Carey Doc. 3 Case 2:05-cv-02008-ALA Document 3 Filed 10/12/2005 Page 1 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 vs. Tom Carey, Warden, Respondent. -oOoPetitioner, a prisoner without counsel, seeks to commence a habeas corpus proceeding. To commence a habeas corpus proceeding, a petitioner must pay the $5.00 filing fee required by 28 U.S.C. 1914(a) or request leave of court to proceed in forma pauperis and submit the affidavit and trust account statement required by 28 U.S.C. 1915(a). Petitioner has neither paid the fee nor submitted an application for leave to proceed in forma pauperis. Edward Moten, Petitioner, No. Civ. S-05-2008 FCD PAN P Order United States District Court Eastern District of California Dockets.Justia.com Case 2:05-cv-02008-ALA Document 3 Filed 10/12/2005 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 Within 30 days from the day this order is signed petitioner may submit either the filing fee or the application required by section 1915(a). The clerk of the court is directed to mail to petitioner a form application for leave to proceed in forma pauperis. Failure to comply with this order will result in this file being closed. So ordered. Dated: October 11, 2005. /s/ Peter A. Nowinski PETER A. NOWINSKI Magistrate Judge 2

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