Morton v. Sherman

Filing 4

ORDER signed by Magistrate Judge Craig M. Kellison on 4/25/2017 ORDERING petitioner to submit, within 30 days, a complete application to proceed ifp with the certification required by Rule 3(a)(2), or pay the appropriate filing fee; and the Clerk shall send petitioner a new ifp form.(Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRANDON MORTON,

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No. 2:16-cv-1762-CMK-P

Petitioner,

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vs.

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STU SHERMAN,

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ORDER

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). Petitioner will be provided the

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

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required certification, or pay the appropriate filing fee. As to the certification requirement, while

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a copy of petitioner’s prison trust account statement certified by prison officials is not required to
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satisfy the requirement, such a statement will suffice. Petitioner is warned that failure to comply

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with this order may result in the dismissal of this action for lack of prosecution and failure to

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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: April 25, 2017
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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