Rodriguez v. Warden of Susanville State Prison et al

Filing 7

ORDER signed by Magistrate Judge Edmund F. Brennan on 11/15/13 ordering within 30 days from the day this order is served, petitioner may submit either the filing fee or the application required by section 1915(a). The clerk of the court shall mail to petitioner a form application for leave to proceed in forma pauperis. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RAUL RODRIGUEZ,

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No. 2:13-cv-1768-EFB P

Petitioner,
v.

ORDER

WARDEN OF SUSANVILLE STATE
PRISON,
Respondent.

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

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28 U.S.C. § 2254. A petitioner seeking a writ of habeas corpus either must pay the $5.00 filing

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fee, see 28 U.S.C. § 1914(a), or request leave of court to proceed in forma pauperis, 28 U.S.C.

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§ 1915(a). It is petitioner’s belief that the filing fee has been paid in this case, however, there is

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no record of payment in the case file.

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Petitioner has neither paid the fee nor submitted an application for leave to proceed in

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

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

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this order will result in dismissal of this case. The Clerk of the Court is directed to mail to

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

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Dated: November 15, 2013.

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