Portillo v. Davis et al

Filing 3

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/7/2013 ORDERING that, within 30 days, petitioner may submit either the filing fee or the application required by section 1915(a); and the Clerk shall mail petitioner an ifp form.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EDWARD PORTILLO,

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No. 2:13-cv-1976-EFB P

Petitioner,
v.

ORDER

R. DAVIS, Warden, et al.,

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Respondents.

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Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to
28 U.S.C. § 2254.
A petitioner seeking a writ of habeas corpus either must pay the $5.00 filing fee, see 28

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U.S.C. § 1914(a), or request leave of court to proceed in forma pauperis, 28 U.S.C. § 1915(a).

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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 the filing

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

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

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

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So ordered.
Dated: October 7, 2013.