Brinkley v. Yuba County Superior Court

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/21/12 ORDERING that petitioner shall submit, within 30 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis or 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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JAMES ANDREW BRINKLEY,
Petitioner,

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vs.

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No. CIV S-12-0386 CKD P

YUBA COUNTY SUPERIOR COURT,
Respondent.

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ORDER
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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of

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mandamus pursuant to 28 U.S.C. § 1651. Petitioner has not, however, filed an in forma pauperis

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affidavit or paid the required filing fee ($5.00). See 28 U.S.C. §§ 1914(a); 1915(a). Petitioner

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will be provided the opportunity to either submit the appropriate affidavit in support of a request

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to proceed in forma pauperis or submit the appropriate filing fee.

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

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1. Petitioner shall submit, within thirty days from the date of this order, an

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affidavit in support of his request to proceed in forma pauperis or the appropriate filing fee;

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petitioner's failure to comply with this order will result in the dismissal of this action; and

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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.
Dated: February 21, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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/mp

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brin0386.101a

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