Williams v. McEwen

Filing 4

ORDER signed by Magistrate Judge Carolyn K. Delaney on 04/16/12 ordering 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. The clerk of the court shall send petitioner a copy of the in forma pauperis form used by this district. Petitioner's motion for permission to submit first petition over limited pages 1 is denied as moot. (Plummer, 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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XAVIER S. WILLIAMS,

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Petitioner,

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vs.

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No. CIV-S-12-0899 CKD P

L. S. McEWEN,
Respondent.

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ORDER
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Petitioner, a state prisoner proceeding pro se, seeks to file an application for a writ

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of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has not, however, filed an in forma

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

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

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a request to proceed in forma pauperis or submit the appropriate filing fee.
Petitioner’s motion to submit a petition in excess of page limits will be denied as

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moot, as there is no limit to the number of pages in a habeas corpus petition under the Local

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Rules. See L.R. 190. Petitioner should simply submit his petition along with an application to

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proceed in forma pauperis.

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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 a recommendation that this action be

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dismissed;
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;
3. Petitioner’s motion for permission to submit first petition over limited pages

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(Dkt. No. 1) is denied as moot.

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Dated: April 16, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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will0899.101a

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