Lopez v. McDonald

Filing 20

ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/20/2012 ORDERING the clerk to send petitioner an ifp application used by this district; petitioner has 30 days to complete and submit this form; petitioner's pending 17 motion to proceed ifp is held in ABEYANCE until further notice. (cc: Ninth Circuit) (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JORGE LOPEZ,

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Petitioner,

No. 2:11-cv-3166 CKD P

vs.
M. D. MCDONALD,

ORDER

Respondent.
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Petitioner, a state prisoner proceeding pro se, filed a petition for writ of habeas

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corpus pursuant to 28 U.S.C. § 2254 and paid the filing fee for this action. (Dkt. No. 1; Docket

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entry dated January 6, 2012.) On June 29, 2012, this court granted respondent’s motion to

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dismiss the petition as untimely. (Dkt. Nos. 14, 15.)

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Pending before the court is petitioner’s July 16, 2012 motion to proceed in forma

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pauperis on appeal to the Ninth Circuit Court of Appeals. (Dkt. No. 17.) Rule 24 of the Federal

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Rules of Appellate Procedure provides that a party filing a motion to proceed in forma pauperis

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on appeal must file an affidavit as prescribed by Rule 24(a)(1). Such an affidavit “shows in the

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detail prescribed by Form 4 of the Appendix of Forms the party’s inability to pay or to give

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security for fees and costs.” Rule 24(a)(1)(A). Among other things, Form 4 requires a party to

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“attach a statement certified by the appropriate institutional officer showing all receipts,
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expenditures, and balances during the last six months in your institutional accounts.”

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Here, petitioner has timely filed his in forma pauperis motion, but the form he

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provides does not include the detail required by Rule 24(a)(1) and Form 4. Petitioner will be

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provided the appropriate form and may submit it within 30 days for the court’s review. Upon

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receiving this form, the court will grant or deny petitioner’s July 16, 2012 motion to proceed in

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forma pauperis on appeal.

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Accordingly, IT IS HEREBY ORDERED THAT:

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1. The Clerk of Court shall send petitioner the application used by this district to

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proceed in forma pauperis;
2. Petitioner is granted thirty days from the date of this order to complete and
submit this form;
3. Petitioner’s pending motion to proceed in forma pauperis (Dkt. No. 17) is held
in abeyance until further notice.
Dated: September 20, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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lope3166.ifp_appeal

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