Quezada v. Muniz

Filing 7

ORDER signed by Magistrate Judge Allison Claire on 5/10/2017 ORDERING petitioner shall have 30 days to pay the appropriate filing fee; and petitioner's 4 motion to stay is DENIED as moot. (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 GERMAN YOVANI QUEZADA, 12 Petitioner, 13 14 No. 2:17-cv-0243 AC P v. ORDER W.L. MUNIZ, 15 Respondent. 16 On March 18, 2017, petitioner filed a petition for a writ of habeas corpus pursuant to 28 17 18 U.S.C. § 2254 and motion to stay. ECF No. 4. However, he did not file an application to proceed 19 in forma pauperis or pay the filing fee. Petitioner was given thirty days to either file an 20 application or pay the fee. ECF No. 5. Thirty days have passed and the court has not received 21 either a completed application or the filing fee. However, petitioner has submitted a notice 22 advising the court that he submitted two requests to the trust office to forward the filing fee to the 23 court. ECF No. 6. Accordingly, petitioner shall have an additional thirty days to pay the filing 24 fee. 25 In addition to notifying the court that he has requested the filing fee be paid, petitioner 26 also advises that the California Supreme Court has denied his previously pending state habeas 27 petition. Id. at 1-2. The court will therefore deny petitioner’s pending motion to stay as moot and 28 proceed to screen the petition once the filing fee has been received. 1 1 In accordance with the above, IT IS HEREBY ORDERED that: 2 1. Petitioner shall have thirty days from the date of this order to pay the appropriate filing 3 4 5 fee. 2. Petitioner’s motion to stay (ECF No. 4) is denied as moot. DATED: May 10, 2017 6 7 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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