Quezada v. Muniz

Filing 5

ORDER signed by Magistrate Judge Allison Claire on 4/4/2017 ORDERING petitioner to submit, within 30 days, an application to proceed ifp or the appropriate filing fee. 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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GERMAN YOVANI QUEZADA,

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No. 2:17-cv-00243 AC P

Petitioner,
v.

ORDER

W.L. MUNIZ,
Respondent.

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On February 13, 2017, this court denied petitioner’s motion for an extension of time and

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motion to stay because petitioner had not submitted a habeas corpus petition. ECF No. 3.

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Petitioner was given thirty days to file a petition or face dismissal of this action. Id. He was also

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directed to file an application to proceed in forma pauperis or pay the filing fee. Id. Petitioner

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has now filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 along with

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a motion to stay. ECF No. 4. However, he still has not filed an application to proceed in forma

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pauperis or paid the required filing fee ($5.00). See 28 U.S.C. §§ 1914(a); 1915(a). No action

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can be taken with regards to petitioner’s habeas corpus petition or his motion to stay until he

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submits the in forma pauperis application or pays the filing fee. See L.R. 121(c). Petitioner will

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be provided the opportunity to either submit the appropriate application in support of a request to

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proceed in forma pauperis or submit the appropriate filing fee. Failure to comply with this order

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will result in a recommendation that this action be dismissed.
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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Petitioner shall submit, within thirty days from service of this order, an application to

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proceed in forma pauperis on the form provided by the Clerk of the Court or the appropriate filing

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fee. Petitioner’s failure to comply with this order will result in a recommendation that this action

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be dismissed.

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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: April 4, 2017

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