Gordon v. Virga

Filing 6

ORDER signed by Magistrate Judge Dale A. Drozd on 9/8/2015 ORDERING the Clerk to send petitioner an ifp form; and petitioner shall submit, within 30 days, either an affidavit to proceed ifp or the appropriate filing fee.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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IRA GORDON,

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No. 2:15-cv-1316 DAD P
Petitioner,

v.

ORDER

T. VIRGA,
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. Petitioner has not, however, filed an in forma pauperis

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affidavit or paid the required filing fee ($5.00). See 28 U.S.C. §§ 1914(a); 1915(a).

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By order filed June 30, 2015, the undersigned directed petitioner to either submit the

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

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fee. (ECF No. 3.) On August 3, 2015, petitioner filed a document with the court entitled “Trust

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Account Withdrawal Order,” on form CDC-193, dated July 2, 2015. (ECF No. 5.) That

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document appears to direct the withdrawal of $5.00 from petitioner’s prison trust account and the

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mailing of a check in that amount to this court on petitioner’s behalf. However, as of September

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8, 2015, the court had not received any funds bearing petitioner’s name.

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Petitioner will be given one final opportunity to either submit the appropriate affidavit in
support of a request to proceed in forma pauperis or the appropriate filing fee.
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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 copy of the in forma pauperis

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form used by this district.
2. Petitioner shall submit, within thirty days from the date of this order, an affidavit in

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

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

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Dated: September 8, 2015

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DAD:10
gord1316.101a.2nd

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