Patkins v. Knipp

Filing 6

ORDER signed by Magistrate Judge Dale A. Drozd on 8/10/2015 ORDERING petitioner to submit, within 30 days, an affidavit to proceed ifp or the appropriate filing fee; and the Clerk shall send petitioner an ifp form. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID C. PATKINS,

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Petitioner,

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No. 2:15-cv-1623 DAD P

v.

ORDER

W. KNIPP, Warden

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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 pursuant to 28 U.S.C. § 1915.
Petitioner has failed to file his request to proceed in forma pauperis on the form used for

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this district. Moreover, while he has filed a copy of a prison trust account statement, that

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statement is neither certified nor lists transactions that occurred in 2015. Petitioner will be

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provided the opportunity to either submit the appropriate affidavit in support of a request to

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proceed in forma pauperis (including a certified copy of his prison trust account statement for the

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six month period immediately preceding the filing of the complaint) or else submit the required

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filing fee ($5.00). See 28 U.S.C. §§ 1914(a); 1915(a).
In accordance with the above, IT IS HEREBY ORDERED that:

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1. 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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2. 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.

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Dated: August 10, 2015

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DAD:10
patk1623.101a

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