Wheeler v. Arnold

Filing 8

ORDER signed by Magistrate Judge Edmund F. Brennan on 6/3/15 ORDERING that the 4 FINDINGS and RECOMMENDATIONS are held in abeyance, and petitionerhas 60 days from the date of this order to submit his completed application for leave to proceed in forma pauperis; The Clerk is directed to send petitioner a copy of the ifp application. (Dillon, M)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10

CHESTER WHEELER,

11

No. 2:15-cv-0688-JAM-EFB P

Petitioner,

12

v.

13

ERIC ARNOLD,

14

ORDER

Respondent.

15
16

Petitioner, a state prisoner, proceeds pro se with a petition for a writ of habeas corpus

17

pursuant to 28 U.S.C. § 2254. On May 7, 2015, the court issued findings and recommendations,

18

which recommended dismissal of this action for petitioner’s failure to pay the required filing fee

19

or request leave to proceed in forma pauperis (“ifp”). ECF No. 4.

20

Plaintiff filed objections on May 26, 2015, in which he explains that prison officials have

21

delayed the processing of his IFP application. The court will hold the findings and

22

recommendations in abeyance and grant petitioner a 60-day extension of time to file a completed

23

application to proceed in forma pauperis.

24

Accordingly, IT IS HEREBY ORDERED that:

25

1. The May 7, 2015 findings and recommendations are held in abeyance, and petitioner

26

has 60 days from the date of this order to submit his completed application for leave to proceed in

27

forma pauperis;

28

2. The Clerk is directed to send petitioner a copy of the ifp application; and

1

3. Should petitioner fail to timely comply, those findings and recommendations will be

2

submitted to the district judge for consideration.

3

DATED: June 3, 2015.

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2