Murphy v. Unknown

Filing 7

ORDER signed by Magistrate Judge Craig M. Kellison on 10/17/2011 ORDERING ptnr to submit, w/in 30 days, a complete application to proceed ifp w/ required certification, or pay the appropriate filing fee; and the clerk is to send ptnr a new ifp form.(Yin, K)

Download PDF
1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CARMEL MURPHY, 12 13 14 15 16 17 No. CIV S-11-1523-JAM-CMK-P Petitioner, vs. ORDER UNKNOWN, Respondent. / Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of 18 habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has not, however, filed a complete 19 application to proceed in forma pauperis, along with a “certification from the warden or other 20 appropriate officer of the place of confinement showing the amount of money or securities that 21 the petitioner has in any account in the institution” as required by Rule 3(a)(2) of the Federal 22 Rules Governing Section 2254 Cases, or paid the required filing fee. See 28 U.S.C. §§ 1914(a), 23 1915(a). Petitioner will be provided the opportunity to submit either a completed application to 24 proceed in forma pauperis, with the required certification, or pay the appropriate filing fee. As to 25 the certification requirement, while a copy of petitioner’s prison trust account statement certified 26 by prison officials is not required to satisfy the requirement, such a statement will suffice. 1 1 Petitioner is warned that failure to comply with this order may result in the dismissal of this 2 action for lack of prosecution and failure to comply with court rules and orders. See Local Rule 3 110. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. Petitioner shall submit on the form provided by the Clerk of the Court, 6 within 30 days from the date of this order, a complete application for leave to proceed in forma 7 pauperis, with the certification required by Rule 3(a)(2), or pay the appropriate filing fee; and 8 9 2. The Clerk of the Court is directed to send petitioner a new form Application to Proceed In Forma Pauperis By a Prisoner. 10 11 12 13 DATED: October 17, 2011 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 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?