Stith v. McComber

Filing 13

ORDER signed by Magistrate Judge Dale A. Drozd on 4/10/2015 DENYING petitioner's 12 request to proceed IFP, without prejudice. The Clerk shall send petitioner an ifp application; and petitioner shall submit, within 30 days, a properly completed ifp application. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THEODORE ERVIN STITH, 12 13 14 15 No. 2:15-cv-0504 DAD P Petitioner, v. ORDER JEFFREY McCOMBER, Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254, together with a request for leave to proceed in forma 19 pauperis. Petitioner has not submitted his in forma pauperis request on the form used by the 20 United States District Court for the Eastern District of California. 21 Petitioner’s request for leave to proceed in forma pauperis will be denied, and petitioner 22 will be granted thirty days to submit a new request on a proper form. Petitioner is cautioned that 23 the form includes a section that must be completed by a prison official, and the application form 24 must be accompanied by a certified copy of petitioner’s prison trust account statement for the six- 25 month period immediately preceding the filing of this action. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. Petitioner’s April 3, 2015 request for leave to proceed in forma pauperis (ECF No. 12) 28 is denied without prejudice; 1 1 2 3 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 4 completed application to proceed in forma pauperis on the form provided with this order; 5 petitioner is cautioned that failure to comply with this order or seek an extension of time to do so 6 will result in a recommendation that this action be dismissed without prejudice. 7 Dated: April 10, 2015 8 9 10 11 DAD:10/md stit0504.3d.2nd 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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