Stith v. McComber

Filing 11

ORDER signed by Magistrate Judge Dale A. Drozd on 3/23/15 ORDERING that Petitioners request for leave to proceed in forma pauperis 2 is DENIED without prejudice; Clerk of the Court is directed to send petitioner an Application to Proceed In Forma Pauperis By a Prisoner; and Petitioner shall submit, within 30 days from the date of this order, a properly completed application to proceed in forma pauperis on the form provided with this order.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THEODORE ERVIN STITH,

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Petitioner,

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No. 2:15-cv-0504 DAD P

v.

ORDER

JEFFREY McCOMBER,

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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. Petitioner has not submitted his in forma pauperis request on a proper form.
Petitioner’s request for leave to proceed in forma pauperis will be denied, and petitioner

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will be granted thirty days to submit a new request on a proper form. Petitioner is cautioned that

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the form includes a section that must be completed by a prison official, and the application form

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must be accompanied by a certified copy of petitioner’s prison trust account statement for the six-

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month period immediately preceding the filing of this action.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s March 2, 2015 request for leave to proceed in forma pauperis (ECF No. 2)
is denied without prejudice;

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2. The Clerk of the Court is directed to send petitioner an Application to Proceed In
Forma Pauperis By a Prisoner; and
3. Petitioner shall submit, within thirty days from the date of this order, a properly

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completed application to proceed in forma pauperis on the form provided with this order;

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petitioner is cautioned that failure to comply with this order or seek an extension of time to do so

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will result in a recommendation that this action be dismissed without prejudice.

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Dated: March 23, 2015

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DAD:10/md
stit0504.3d

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