Sanders v. Board of Prison Terms

Filing 6

ORDER signed by Magistrate Judge Craig M. Kellison on 9/22/16 ORDERING that petitioner shall submit on the form provided by the Clerk of the Court,within 30 days from the date of this order, a complete application for leave to proceed in forma pauperis, with the certification required by Rule 3(a)(2), or pay the appropriate filing fee; and the Clerk of the Court is directed to send petitioner a new form Application to Proceed In Forma Pauperis By a Prisoner.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEFFREY SANDERS,

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No. 2:16-CV-1631-CMK-P

Petitioner,
vs.

ORDER

BOARD OF PRISON TERMS,
Respondent.
/
Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254.
Petitioner has not filed a complete application to proceed in forma pauperis, along

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with a “certification from the warden or other appropriate officer of the place of confinement

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showing the amount of money or securities that the petitioner has in any account in the

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institution” as required by Rule 3(a)(2) of the Federal Rules Governing Section 2254 Cases, or

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paid the required filing fee. See 28 U.S.C. §§ 1914(a), 1915(a). Specifically, petitioner’s

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application filed on September 6, 2016, does not contain the required certification. Petitioner

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will be provided the opportunity to submit either a completed application to proceed in forma

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pauperis, with the required certification, or pay the appropriate filing fee. As to the certification
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requirement, while a copy of petitioner’s prison trust account statement certified by prison

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officials is not required to satisfy the requirement, such a statement will suffice. Petitioner is

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warned that failure to comply with this order may result in the dismissal of this action for lack of

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prosecution and failure to comply with court rules and orders. See Local Rule 110.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Petitioner shall submit on the form provided by the Clerk of the Court,

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within 30 days from the date of this order, a complete application for leave to proceed in forma

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pauperis, with the certification required by Rule 3(a)(2), or pay the appropriate filing fee; and

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2.

The Clerk of the Court is directed to send petitioner a new form

Application to Proceed In Forma Pauperis By a Prisoner.

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DATED: September 22, 2016
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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