Dumont v. Superior Court El Dorado County
Filing
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ORDER signed by Magistrate Judge Craig M. Kellison on 01/15/14 ordering 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. The clerk of the court shall send petitioner a new form application to proceed in forma pauperis by a prisoner. (Plummer, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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RALPH E. DUMONT,
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Petitioner,
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No. 2:13-CV-2541-CMK-P
vs.
ORDER
SUPERIOR COURT EL
DORADO COUNTY,
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Respondent.
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Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254.
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Petitioner has not filed a complete application to proceed in forma pauperis, along
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with a “certification from the warden or other appropriate officer of the place of confinement
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showing the amount of money or securities that the petitioner has in any account in the
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institution” as required by Rule 3(a)(2) of the Federal Rules Governing Section 2254 Cases, or
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paid the required filing fee. See 28 U.S.C. §§ 1914(a), 1915(a).
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Petitioner will be provided the opportunity to submit either a completed
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application to proceed in forma pauperis, with the required certification, or pay the appropriate
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filing fee. As to the certification requirement, while a copy of petitioner’s prison trust account
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statement certified by prison officials is not required to satisfy the requirement, such a statement
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will suffice. The documents from the Social Security Administration submitted by petitioner do
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not, however, suffice because they do not constitute any sort of certification “from the warden . .
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. of the place of confinement.” Nor do such documents reflect amounts in petitioner’s prison
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trust account.
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Petitioner is warned that failure to comply with this order may result in the
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dismissal of this action for lack of prosecution and failure to comply with court rules and orders.
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See Local Rule 110.
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Accordingly, IT IS HEREBY ORDERED that:
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1.
Petitioner shall submit on the form provided by the Clerk of the Court,
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within 30 days from the date of this order, a complete application for leave to proceed in forma
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pauperis, with the certification required by Rule 3(a)(2), or pay the appropriate filing fee; and
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2.
The Clerk of the Court is directed to send petitioner a new form
Application to Proceed In Forma Pauperis By a Prisoner.
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DATED: January 15, 2014
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
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