Poplar v. Biter

Filing 4

ORDER signed by Magistrate Judge Kendall J. Newman on 5/30/12: Petitioner shall submit, within thirty days after service of this order, a completed certificate by an institutional officer showing the amount of money or securities in petitioner's institutional trust accounts. Petitioner may, alternatively, submit the $5.00 filing fee. The Clerk of the Court is directed to send petitioner a blank Application to Proceed IFP. (Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NATHANIEL POPLAR,

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Petitioner,

No. 2:12-cv-01368 KJN P

Respondent.

ORDER

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vs.
M. BITER,

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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. Although petitioner has filed an in forma

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pauperis affidavit, he did not submit a completed certificate by an institutional officer showing

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the amount of money or securities in petitioner’s institutional trust accounts, as required by Rule

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3(a)(2), Federal Rules Governing Section 2254 Cases. Therefore, petitioner will be provided the

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opportunity to submit such certificate in support of his request to proceed in forma pauperis, or

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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. Petitioner shall submit, within thirty days after service of this order, a

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completed certificate by an institutional officer showing the amount of money or securities in

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petitioner’s institutional trust accounts; petitioner shall also again complete the affidavit portion
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of the application.

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2. Petitioner may, alternatively, submit the $5.00 filing fee.

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3. Petitioner’s failure to comply with this order may result in a recommendation

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that this action be dismissed without prejudice.
4. The Clerk of the Court is directed to send petitioner a blank Application to

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Proceed in Forma Pauperis by a Prisoner used in this district.

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DATED: May 30, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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popl1368.101a.no cert

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