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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JENNIFER DALTON,

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No. 2:16-cv-3042 GGH P

Petitioner,
v.

ORDER

DARRELL ADAMS,

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Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. Although Petitioner has notified the court by letter that she

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seeks in forma pauperis [“IFP”] status to pursue this case, she has not filed an in forma pauperis

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affidavit in the proper form required by the court or paid the required filing fee ($5.00). See 28

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U.S.C. §§ 1914(a); 1915(a). Petitioner will be provided the opportunity to either submit the

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appropriate affidavit in support of a request to proceed in forma pauperis or submit the

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appropriate filing fee.

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A grant of in forma pauperis status does not end the court’s initial inquiry. Once that

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status is determined, the court will review the habeas petition filed by Petitioner to determine if it

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complies in substance and form with the requirements for a properly drafted pleading and may

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require an amendment of the document before it is served on the Respondent.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1.

Petitioner’s request for in forma pauperis status is denied with leave to file a
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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

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form used by this district.

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Dated: January 19, 2017
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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Dalt.3042.IFP.amm

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