Gutierrez v. The People

Filing 8

ORDER signed by Magistrate Judge Edmund F. Brennan on 7/30/2012, ORDERING that within 30 days, petitioner may submit either the filing fee or an ifp application; the clerk is to mail petitioner an ifp form.(Yin, K)

1
2
3
4
5
6
7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9

MARIO GUTIERREZ,
Petitioner,

10
vs.

11
12

THE PEOPLE,
Respondent.

13

ORDER
/

14

Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to

15
16

No. 2:12- cv-1890 EFB P

28 U.S.C. § 2254.

17

A petitioner seeking a writ of habeas corpus either must pay the $5.00 filing fee, see 28

18

U.S.C. § 1914(a), or request leave of court to proceed in forma pauperis, 28 U.S.C. § 1915(a).
Petitioner has neither paid the fee nor submitted an application for leave to proceed in

19
20

forma pauperis.
Within 30 days from the day this order is served, petitioner may submit either the filing

21
22

fee or the application required by section 1915(a). Petitioner’s failure to comply with this order

23

/////

24

/////

25

/////

26

/////
1

1

will result in a recommendation that this action be dismissed. The Clerk of the Court is directed

2

to mail to petitioner a form application for leave to proceed in forma pauperis.

3
4

So ordered.
DATED: July 30, 2012.

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2