Nichols v. Unknown

Filing 6

ORDER signed by Magistrate Judge Dale A. Drozd on 3/23/15 ORDERING that Petitioners March 9, 2015 request to proceed in forma pauperis 2 is DENIED without prejudice. Petitioner shall submit, within 30 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)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

GERALD EDMUND NICHOLS,

12
13
14

No. 2:15-cv-0522 DAD P

Petitioner,
v.

ORDER

UNKNOWN,

15

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. However, petitioner has failed to file his request to proceed

19

in forma pauperis on the form used for this district or else pay the required filing fee ($5.00). See

20

28 U.S.C. §§ 1914(a); 1915(a). Petitioner will be provided the opportunity to either submit the

21

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

22

appropriate filing fee.

23

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

24

1. Petitioner’s March 9, 2015 request to proceed in forma pauperis (ECF No. 2) is denied

25
26

without prejudice.
2. Petitioner shall submit, within thirty days from the date of this order, an affidavit in

27

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

28

failure to comply with this order will result in a recommendation that this action be dismissed.
1

1

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

2

form used by this district.

3

Dated: March 23, 2015

4
5
6
7

DAD:10/md
nich0522.101a

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2