Robinson v. Cate et al
ORDER signed by Magistrate Judge Craig M. Kellison on 8/1/13 ORDERING that petitioner shall submit on the form provided by the Clerk of the Court, within 30 days from the date of this order, a complete application for leave to proceed in forma pauperis, with the certification required by Rule 3(a)(2), or pay the appropriate filing fee; and Clerk of the Court is directed to send petitioner a new form Application to Proceed In Forma Pauperis By a Prisoner.(Dillon, M)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
KEVIN DAVID ROBINSON,
MATTHEW CATE, et al.,
Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254.
Petitioner has not filed a complete application to proceed in forma pauperis, along
with a “certification from the warden or other appropriate officer of the place of confinement
showing the amount of money or securities that the petitioner has in any account in the
institution” as required by Rule 3(a)(2) of the Federal Rules Governing Section 2254 Cases, or
paid the required filing fee. See 28 U.S.C. §§ 1914(a), 1915(a). In particular, the certification
form attached to petitioner’s application is not signed by any prison official. Furthermore, while
petitioner forwarded a letter to the court purporting to contain the $5.00 filing fee for this case,
no such fee was enclosed.
Petitioner will be provided an additional opportunity to submit either a completed
application to proceed in forma pauperis, with the required certification, or pay the appropriate
filing fee. As to the certification requirement, while a copy of petitioner’s prison trust account
statement certified by prison officials is not required to satisfy the requirement, such a statement
will suffice. Petitioner is warned that failure to comply with this order may result in the
dismissal of this action for lack of prosecution and failure to comply with court rules and orders.
See Local Rule 110.
Accordingly, IT IS HEREBY ORDERED that:
Petitioner shall submit on the form provided by the Clerk of the Court,
within 30 days from the date of this order, a complete application for leave to proceed in forma
pauperis, with the certification required by Rule 3(a)(2), or pay the appropriate filing fee; and
The Clerk of the Court is directed to send petitioner a new form
Application to Proceed In Forma Pauperis By a Prisoner.
DATED: August 1, 2013
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
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