Cleveland v. Owens

Filing 5

ORDER signed by Magistrate Judge Allison Claire on 7/9/2014 DENYING, without prejudice, petitioner's 2 request to proceed IFP; the Clerk shall provide petitioner with another copy of the ifp application for non-prisoners; and petitioner shall submit, within 30 days, a fully completed ifp application. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEVIN ARTHER CLEVELAND,

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No. 2:14-cv-01528 AC P

Petitioner,
v.

ORDER

RONALD SCOTT OWENS,

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Respondent.

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Petitioner, a former state prisoner proceeding pro se, has filed a petition for 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. § 1915. ECF Nos. 1, 2. Based on petitioner’s current address

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which indicates that he is no longer incarcerated, the court is unable to determine whether

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plaintiff is indigent and unable to pay the filing fees for the present action. Therefore, petitioner

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will be provided an opportunity to update his financial status by submitting a fully completed

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application to proceed in forma pauperis by a non-prisoner.

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

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1. Petitioner’s request to proceed in forma pauperis (ECF No.2) is denied without

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prejudice;
2. The Clerk of the Court shall provide petitioner with another copy of the in forma
pauperis application used by this court for non-prisoners; and
3. Petitioner shall submit, within thirty days from the date of this order, a fully completed
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in forma pauperis application. Petitioner's failure to comply with this order will result in a

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recommendation that this action be dismissed without prejudice.

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DATED: July 9, 2014

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