Stone v. Holland

Filing 4

ORDER signed by Magistrate Judge Allison Claire on 10/17/2014 ORDERING the Clerk to send petitioner a new ifp application; petitioner shall submit, within 30 days, a completed and signed ifp application; petitioner shall also submit, within 30 days, either a certified copy of his prison trust account statement or the equivalent institutional certificate, or both. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AARON PARNELL STONE,

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No. 2:14-cv-2409 AC P

Petitioner,
v.

ORDER

KIMBERLY HOLLAND, Warden,
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 an Application To Proceed In Forma Pauperis

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(“Application”), pursuant to 28 U.S.C. § 1915. Petitioner, however, has not filed a certified copy

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of his prison trust account statement for the six month period immediately preceding the filing of

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the petition, or the equivalent institutional certificate (which would be completed by petitioner’s

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institution of incarceration). See 28 U.S.C. § 1915(a)(2) (requiring a “certified copy of the trust

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fund account statement (or institutional equivalent) for the prisoner for the 6-month period

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immediately preceding the filing of the complaint”). Petitioner will be provided the opportunity

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to submit a completed in forma pauperis Application, together with either a certified copy of the

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trust account statement, or the equivalent institutional certificate, or both if possible.

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

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1. The Clerk of the Court is directed to send petitioner a new Application to Proceed In
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Forma Pauperis By a Prisoner;
2. Petitioner shall submit, within thirty days from the date of this order, a completed and
signed Application form provided by the Clerk of the Court;
3. Petitioner shall also submit, within thirty days from the date of this order, either a

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certified copy of his prison trust account statement for the six month period immediately

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preceding the filing of the complaint, or the equivalent institutional certificate, or both if possible.

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4. Petitioner’s failure to comply with this order will result in a recommendation that this

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action be dismissed without prejudice.

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DATED: October 17, 2014

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