Starr v. United States et al

Filing 13

ORDER signed by Magistrate Judge Allison Claire on 10/6/2016 DENYING, without prejudice, petitioner's 6 motion to proceed ifp; the Clerk shall provide petitioner wtih an ifp application; and within 30 days, petitioner shall submit a fully completed ifp application. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBIN GILLEN STARR,

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No. 2:16-cv-0589 AC P

Petitioner,
v.

ORDER

UNITED STATES, et al.,
Respondents.

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Petitioner, a state prisoner proceeding pro se, is currently incarcerated at California State

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Prison-Sacramento, in the custody of the California Department of Corrections and Rehabilitation

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(“CDCR”). Petitioner has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. §

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2254 together with a request for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.

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Petitioner has not, however, submitted the certificate portion of the in forma pauperis application

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that must be filled out and signed by an authorized prison official. See Rule 3(a)(2), Rules

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Governing § 2254 Cases. Petitioner will be provided another opportunity to submit a fully

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completed application to proceed in forma pauperis.

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Petitioner is advised that the Clerk of the Court will be directed to send petitioner a copy

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of the in forma pauperis application currently used by this court. Petitioner should complete the

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IFP application form and return it to the court. By signing page two of the IFP application form,

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petitioner may authorize CDCR to provide a certified copy of petitioner’s trust account statement
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directly to the court. Petitioner is advised that if he removes the signature or certificate

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portion of the IFP form, as he has done in the past, petitioner’s IFP application will likely

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be denied as incomplete.

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

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1. Petitioner’s motion to proceed in forma pauperis (ECF No. 6) is denied without

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prejudice;
2. The Clerk of the Court shall provide petitioner with a copy of the in forma pauperis
application used by this court; and

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3. Petitioner shall submit, within thirty days from the date of this order, a fully completed

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in forma pauperis application. Petitioner’s failure to comply with this order will result

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in a recommendation that this action be dismissed without prejudice. See Fed. R. Civ.

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P. 41(b).

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DATED: October 6, 2016

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