Hernandez v. Sherman

Filing 9

ORDER signed by Magistrate Judge Gregory G. Hollows on 11/16/2016 ORDERING petitioner to submit, within 30 days, an affidavit to proceed ifp or the appropriate filing fee; and the Clerk shall send petitioner an ifp form.(Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAUL ALVAREZ HERNANDEZ 12 Petitioner, 13 14 No. 2:16-cv-2472 GGH P v. ORDER STU SHERMAN, Warden, 15 Respondent. 16 17 18 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has not, however, filed an in forma pauperis affidavit or 19 paid the required filing fee ($5.00). See 28 U.S.C. §§ 1914(a); 1915(a). Petitioner will be 20 21 22 provided this last opportunity to either submit the appropriate affidavit in support of a request to proceed in forma pauperis or submit the appropriate filing fee. 23 In accordance with the above, IT IS HEREBY ORDERED that: 24 1. Petitioner shall submit, within thirty days from the date of this order, an affidavit in 25 26 support of his request to proceed in forma pauperis or the appropriate filing fee; petitioner’s failure to comply with this order will result in a recommendation that this action be dismissed; 27 28 and 1 1 2 3 2. The Clerk of the Court is directed to send petitioner a copy of the in forma pauperis form used by this district. Dated: November 16, 2016 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 4 5 6 7 hern2472.101a 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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