Prentice v. Holland

Filing 16

ORDER signed by Magistrate Judge Allison Claire on 03/13/17 granting 8 request to file a late motion to proceed in forma pauperis and granting 9 Motion to Proceed IFP. The clerk of court is directed to refund petitioner his filing fee in the a mount of $5.00. The clerk of court is also directed to send petitioner, together with a copy of this order, a copy of respondent's motion to dismiss (7 pages) 12 . Within 21 days after service of this order, petitioner shall file and serve an opposition or statement of non-opposition to respondent's pending motion to dismiss. (cc: Financial) (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

TERRY LYNN PRENTICE,

12

Petitioner,

13
14

v.

No. 2:16-cv-01872 MCE AC P

ORDER

KIM HOLLAND, Warden,

15

Respondent.

16
Petitioner is a state prisoner proceeding pro se with a habeas corpus petition filed pursuant

17
18

to 28 U.S.C. § 2254. See ECF No. 1. Petitioner paid the filing fee, but now requests in forma

19

pauperis status. Examination of his in forma pauperis application reveals that petitioner is unable

20

to afford the costs of suit. Accordingly, the application to proceed in forma pauperis will be

21

granted, see 28 U.S.C. § 1915(a), and petitioner’s filing fee ($5.00) will be returned.
On November 10, 2016, respondent filed and served a motion to dismiss the petition on

22
23

the grounds that it was filed beyond the one-year statute of limitations and contains unexhausted

24

claims. See ECF No. 12. Petitioner’s opposition or statement of non-opposition was due within

25

thirty days after service of respondent’s motion. See ECF No. 5 at 2, ¶ 3. Although petitioner

26

subsequently inquired into the status of this action, see ECF No. 15, he has not responded to

27

respondent’s motion.

28

////
1

1

Good cause appearing, IT IS HEREBY ORDERED that:

2

1. Petitioner’s request to file a late motion to proceed in forma pauperis, ECF No. 8, is

3

granted.

4

2. Petitioner’s motion to proceed in forma pauperis, ECF No. 9, is granted.

5

3. The Clerk of Court is directed to refund petitioner his filing fee in the amount of $5.00.

6

4. The Clerk of Court is also directed to send petitioner, together with a copy of this

7
8
9
10

order, a copy of respondent’s motion to dismiss (7 pages), ECF No. 12.
5. Within twenty-one (21) days after service of this order, petitioner shall file and serve
an opposition or statement of non-opposition to respondent’s pending motion to dismiss.
6. Petitioner’s failure to comply with this order will result in a recommendation that this

11

action be dismissed without prejudice for failure to prosecute, pursuant to Federal Rule of Civil

12

Procedure 41(b).

13

DATED: March 13, 2017

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2