Webb v. Holland

Filing 3

ORDER signed by Magistrate Judge Allison Claire on 6/22/2016 ORDERING, within 30 days, petitioner shall submit a completed application to proceed ifp or the required 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 CARLOS WEBB,

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Petitioner,

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No. 2:16-cv-1368 AC P

v.

ORDER

KIM HOLLAND, Warden,

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Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus

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pursuant to 28 U.S.C. § 2254. Petitioner has not, however, filed an in forma pauperis application

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or paid the required filing fee ($5.00).1 See 28 U.S.C. §§ 1914(a); 1915(a). Petitioner will be

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provided the opportunity to submit either a completed application to proceed in forma pauperis,

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or the required filing fee.

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

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

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application in support of his request to proceed in forma pauperis, or the required filing fee.

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Petitioner has, however, informed the court that he may not qualify for in forma pauperis status,
and that he anticipates his family will pay the filing fee. See ECF No. 1 at 53. Petitioner is
informed that he may be considered for in forma pauperis status even though he received outside
money in April and May.
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2. The Clerk of the Court is directed to send petitioner a copy of the in forma pauperis
form used by prisoners in this district.
3. Petitioner’s failure to comply with this order will result in a recommendation that this

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action be dismissed without prejudice.

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DATED: June 22, 2016

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