Darty v. Soto

Filing 6

ORDER signed by Magistrate Judge Allison Claire on 2/10/14 ORDERING that Petitioner shall submit, within thirty days from the date of this order, an affidavit in support of his request to proceed in forma pauperis or the appropriate filing fee; Clerk of the Court is directed to send petitioner a copy of the in forma pauperis form used by this district.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KORY DARTY,

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Petitioner,

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No. 2:13-CV-2572 AC P

v.

ORDER

J. SOTO, Warden,

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Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254 together with a request for leave to proceed in forma

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pauperis pursuant to 28 U.S.C. §§ 1914(a); 1915(a). However, the certificate portion of the in

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forma pauperis application has not been filled out and signed by an authorized prison official.

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See 28 U.S.C. § 1915(a)(2). Petitioner will be provided the opportunity to either submit the

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appropriate affidavit in support of a request to proceed in forma pauperis or submit the

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appropriate filing fee ($5.00).

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Petitioner shall submit, within thirty days from the date of this order, an affidavit in

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support of his request to proceed in forma pauperis or the appropriate filing fee; petitioner’s

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failure to comply with this order will result in a recommendation that this action be dismissed;

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and

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2. The Clerk of the Court is directed to send petitioner a copy of the in forma pauperis

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form used by this district.

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DATED: February 10, 2014

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