Dalton v. Adams

Filing 4

ORDER signed by Magistrate Judge Gregory G. Hollows on 1/19/2017 ORDERING petitioner's request to proceed ifp is DENIED with leave to file a proper application within 30 days; the Clerk shall send petitioner an ifp form.(Yin, K)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 JENNIFER DALTON, 11 12 13 No. 2:16-cv-3042 GGH P Petitioner, v. ORDER DARRELL ADAMS, 14 Respondent. 15 16 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 17 corpus pursuant to 28 U.S.C. § 2254. Although Petitioner has notified the court by letter that she 18 seeks in forma pauperis [“IFP”] status to pursue this case, she has not filed an in forma pauperis 19 affidavit in the proper form required by the court or paid the required filing fee ($5.00). See 28 20 U.S.C. §§ 1914(a); 1915(a). Petitioner will be provided the opportunity to either submit the 21 appropriate affidavit in support of a request to proceed in forma pauperis or submit the 22 appropriate filing fee. 23 A grant of in forma pauperis status does not end the court’s initial inquiry. Once that 24 status is determined, the court will review the habeas petition filed by Petitioner to determine if it 25 complies in substance and form with the requirements for a properly drafted pleading and may 26 require an amendment of the document before it is served on the Respondent. 27 In accordance with the above, IT IS HEREBY ORDERED that: 28 1. Petitioner’s request for in forma pauperis status is denied with leave to file a 1 1 2 proper application within 30 days from the date of this Order; 2. The Clerk of the Court is directed to send petitioner a copy of the in forma pauperis 3 form used by this district. 4 Dated: January 19, 2017 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 5 6 7 8 Dalt.3042.IFP.amm 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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