Williamson v. McDonald

Filing 6

ORDER signed by Magistrate Judge Kendall J. Newman on 4/29/11 ORDERING that within 30 days from the date of this order, plaintiff shall complete the attached Notice of Submission and submit to the court a complete IFP application and a certified copy of plaintiffs prison trust account statement for the six month period immediately preceding the filing of the complaint. Clerk of the Court is directed to send petitioner a new Application to Proceed In Forma Pauperis By a Prisoner. Petitioners moti on 4 to obtain the assistance of High Desert State Prison staff in completing the certificate portions of petitioners in forma pauperis application is granted; staff are directed to assist petitioner forthwith in the completion of his application. Petitioners motion 3 seeking an exception to the local rule requiring multiple copies of his petition is granted; petitioner need not file any duplicate copies of his petition for writ of habeas corpus. (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FREDDIE LEE WILLIAMSON,
Petitioner,

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No. 2:11-cv-01083 KJN P

vs.

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M. MCDONALD, Warden,

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Respondent.

ORDER
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Petitioner, a state prisoner proceeding without counsel, has filed an application for

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a writ of habeas corpus pursuant to 28 U.S.C. § 2254, together with a request for leave to

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proceed in forma pauperis pursuant to 28 U.S.C. § 1915. However, the certificate portion of the

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request, which must be completed by staff at petitioner’s place of incarceration, has not been

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filled out. Nor has petitioner filed a certified copy of his prison trust account statement for the

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six-month period immediately preceding the filing of the petition. Petitioner will be provided the

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opportunity to submit a completed in forma pauperis application with certification in support

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thereof.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Within thirty days from the date of this order, plaintiff shall complete the

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attached Notice of Submission and submit the following documents to the court:
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a. A complete Application to Proceed In Forma Pauperis By a Prisoner;

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and
b. a certified copy of plaintiff’s prison trust account statement for the six

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month period immediately preceding the filing of the complaint.
2. The Clerk of the Court is directed to send petitioner a new Application to

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Proceed In Forma Pauperis By a Prisoner.
3. Petitioner’s “motion” (Dkt. No. 4) to obtain the assistance of High Desert State

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Prison staff in completing the certificate portions of petitioner’s in forma pauperis application is

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granted; staff are directed to assist petitioner forthwith in the completion of his application.

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4. Petitioner’s “motion” (Dkt. No. 3) seeking an exception to the local rule

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requiring multiple copies of his petition1 is granted; petitioner need not file any duplicate copies

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of his petition for writ of habeas corpus.
5. Petitioner’s failure to timely comply with this order may result in the dismissal

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of this action without prejudice.

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DATED: April 29, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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will1083.101a

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The court notes that petitioner misreads the applicable rule to require “13 copies.” Local
Rule 133(d)(2) requires the filing of only one additional copy of a paper-filed (as compared to
electronically-filed) document.
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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FREDDIE LEE WILLIAMSON,
Petitioner,

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No. 2:11-cv-01083 KJN P

vs.

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M. MCDONALD, Warden,

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Respondent.

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___________________________/
Petitioner hereby submits the following document in compliance with the court’s

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NOTICE OF SUBMISSION

order filed

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Complete Application to Proceed In Forma Pauperis

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By a Prisoner/Certified Copy of Prison Trust Account

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Statement

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_________________________________

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Date

Plaintiff

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