Varela v. Miller

Filing 8

ORDER signed by Magistrate Judge Kendall J. Newman on 8/22/11 ORDERING that within 30 days after the filing date of this order, petitioner shall submit, a new and fully completed affidavit in support of her request to proceed in forma pauperis, inclu ding completion by a prison official of the certificate portion of the application; or, within the same time period, petitioner shall pay the appropriate filing fee; Clerk of the Court is directed to send petitioner a copy of the in forma pauperis form used by this district.(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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ISABEL IRENE VARELA,

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Petitioner,

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No. 2:11-cv-02091-KJN P

vs.
W. MILLER, Warden,

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Respondent.

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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 to proceed in

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forma pauperis. Although petitioner has submitted an affidavit in support of her request to

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proceed in forma pauperis, the “certificate” portion of that form, which certifies the amount of

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funds in petitioner’s prison trust account, was not completed by a prison official; nor was a

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certified trust account statement provided. See 28 U.S.C. §§ 1914(a); 1915(a). Therefore,

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petitioner will be provided the opportunity to submit the appropriate documents in support of her

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request to proceed in forma pauperis, or to submit the appropriate filing fee ($5.00).

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

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1. Within thirty days after the filing date of this order, petitioner shall submit, a

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new and fully completed affidavit in support of her request to proceed in forma pauperis,

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including completion by a prison official of the certificate portion of the application; or, within

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the same time period, petitioner shall pay the appropriate filing fee; petitioner’s failure to comply

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with this order will result in the dismissal of this action.

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2. The Clerk of the Court is directed to send petitioner a copy of the in forma

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pauperis form used by this district.

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DATED: August 22, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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vare2091.101a.

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