Fields v. Cate

Filing 4

ORDER signed by Magistrate Judge Craig M. Kellison on 8/24/11 ORDERING that petitioner shall submit on the form provided by the Clerk, within 30 days from the date of this order, a complete application for leave to proceed in forma pauperis, or pay the appropriate filing fee. The Clerk is directed to send petitioner a new ifp application form. (Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHNNIE LEE FIELDS,

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Petitioner,

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No. CIV S-11-2205-CMK-P

vs.

ORDER

MATTHEW CATE,
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. Petitioner has not, however, filed a complete

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application to proceed in forma pauperis, along with a “certification from the warden or other

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appropriate officer of the place of confinement showing the amount of money or securities that

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the petitioner has in any account in the institution” as required by Rule 3(a)(2) of the Federal

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Rules Governing Section 2254 Cases, or paid the required filing fee. See 28 U.S.C. §§ 1914(a),

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1915(a). Petitioner will be provided the opportunity to submit either a completed application to

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proceed in forma pauperis, with the required certification, or pay the appropriate filing fee. As to

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the certification requirement, while a copy of petitioner’s prison trust account statement certified

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by prison officials is not required to satisfy the requirement, such a statement will suffice.
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Petitioner is warned that failure to comply with this order may result in the dismissal of this

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action for lack of prosecution and failure to comply with court rules and orders. See Local Rule

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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: August 24, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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