Torres v. Swarthout

Filing 3

ORDER signed by Magistrate Judge Craig M. Kellison on 5/23/11 ORDERING that petitioner shall submit on the form provided by the Clerk of the Court, within 30 days from the date of this order, a complete application for leave to proceed in forma pauperis, with the certification required by Rule 3(a)(2), or pay the appropriate filing fee; and Clerk of the Court is directed to send petitioner a new form Application to Proceed In Forma Pauperis By a Prisoner.(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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JUAN TORRES,

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No. CIV S-11-1313-CMK-P

Petitioner,
vs.

ORDER

GARY SWARTHOUT,
Respondent.
/
Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254 challenging the denial of parole. Petitioner has not,

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however, filed a complete application to proceed in forma pauperis, along with a “certification

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from the warden or other appropriate officer of the place of confinement showing the amount of

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money or securities that the petitioner has in any account in the institution” as required by Rule

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3(a)(2) of the Federal Rules Governing Section 2254 Cases, or paid the required filing fee. See

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28 U.S.C. §§ 1914(a), 1915(a). Petitioner will be provided the opportunity to submit either a

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completed application to proceed in forma pauperis, with the required certification, or pay the

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appropriate filing fee. As to the certification requirement, while a copy of petitioner’s prison

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trust account statement certified by prison officials is not required to satisfy the requirement,
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such a statement will suffice. Petitioner is warned that failure to comply with this order may

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result in the dismissal of this action for lack of prosecution and failure to comply with court rules

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and orders. See Local Rule 110.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Petitioner shall submit on the form provided by the Clerk of the Court,

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within 30 days from the date of this order, a complete application for leave to proceed in forma

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pauperis, with the certification required by Rule 3(a)(2), or pay the appropriate filing fee; and

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2.

The Clerk of the Court is directed to send petitioner a new form

Application to Proceed In Forma Pauperis By a Prisoner.

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DATED: May 23, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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