Watkins v. Daly et al

Filing 5

ORDER signed by Judge Dale A. Drozd on 04/05/06: Petitioner shall submit, within 30 days from the date of this order, an IFP application; the Clerk is directed to send petitioner a copy of the IFP application used by this district. (Kirkpatrick, S)

Download PDF
(HC) Watkins v. Daly et al Doc. 5 Case 2:06-cv-00685-MCE-DAD Document 5 Filed 04/05/2006 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. M. VALE, Warden, et al., Respondents. / Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 together with an application to proceed in forma pauperis under 28 U.S.C. 1915. Petitioner has submitted his in forma pauperis application on a form from which the certificate section appears to have been deleted. Rule 3 of the Rules Governing Section 2254 Cases in the United States District Courts provides that a habeas petition must be accompanied by either the applicable filing fee or an application to proceed in forma pauperis that includes the affidavit required by 28 U.S.C. 1915 "and a certificate from the warden or other appropriate officer of the place of confinement showing the amount of money or securities that the petitioner has in any account in the institution." Petitioner will be granted thirty days to file a properly completed application to proceed in forma pauperis. 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA NOEL KEITH WATKINS, Petitioner, No. CIV S-06-0685 MCE DAD P ORDER Case 2:06-cv-00685-MCE-DAD Document 5 Filed 04/05/2006 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 DAD:13 watk0685.101a Accordingly, IT IS HEREBY ORDERED that: 1. Petitioner shall submit, within thirty days from the date of this order, a properly completed application to proceed in forma pauperis; petitioner's failure to comply with this order or request an extension of time in which to comply will result in a recommendation that this action be dismissed without prejudice; and 2. The Clerk of the Court is directed to send petitioner a copy of the in forma pauperis form used by this district in habeas proceedings. DATED: April 5, 2006. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?