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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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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Petitioner,

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No. 2:17-cv-0243 AC P

v.

ORDER

W.L. MUNIZ,

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Respondent.

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On March 18, 2017, petitioner filed a petition for a writ of habeas corpus pursuant to 28

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U.S.C. § 2254 and motion to stay. ECF No. 4. However, he did not file an application to proceed

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in forma pauperis or pay the filing fee. Petitioner was given thirty days to either file an

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application or pay the fee. ECF No. 5. Thirty days have passed and the court has not received

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either a completed application or the filing fee. However, petitioner has submitted a notice

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advising the court that he submitted two requests to the trust office to forward the filing fee to the

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court. ECF No. 6. Accordingly, petitioner shall have an additional thirty days to pay the filing

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fee.

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In addition to notifying the court that he has requested the filing fee be paid, petitioner

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also advises that the California Supreme Court has denied his previously pending state habeas

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petition. Id. at 1-2. The court will therefore deny petitioner’s pending motion to stay as moot and

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proceed to screen the petition once the filing fee has been received.
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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Petitioner shall have thirty days from the date of this order to pay the appropriate filing

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fee.
2. Petitioner’s motion to stay (ECF No. 4) is denied as moot.
DATED: May 10, 2017

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