Quezada v. Muniz

Filing 9

ORDER signed by Magistrate Judge Allison Claire on 7/13/2017 ORDERING Petitioner to pay the appropriate filing fee or file an application to proceed IFP within 30 days.(Henshaw, R)

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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-0243 AC P

Petitioner,
v.

ORDER

W.L. MUNIZ,
Respondent.

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By order filed April 5, 2017, petitioner was given thirty days to either file an application

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to proceed in forma pauperis or pay the filing fee. ECF No. 5. In response to the order, petitioner

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submitted a notice advising the court that he submitted two requests to the trust office to forward

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the filing fee to the court. ECF No. 6. In light of his representation that payment was pending, he

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was given an additional thirty days to pay the fee. ECF No. 7. The thirty days has passed and the

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court has yet to receive petitioner’s filing fee. However, petitioner has submitted another letter

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demonstrating to the court that he has placed a request for the prison to forward the appropriate

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fee to the court. ECF No. 8. It is unclear why the court has yet to receive payment despite the

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length of time that has elapsed since petitioner advised he first requested the prison process his

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filing fee, and the court is unable to proceed on the petition until petitioner either pays the fee or

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is granted leave to proceed in forma pauperis. The court will grant petitioner thirty more days to

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pay the fee or to submit an application to proceed in forma pauperis. In an effort to expedite
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resolution of this situation, a courtesy copy of this order will also be sent to the litigation

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coordinator for Salinas Valley State Prison.

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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 or file an application to proceed in forma pauperis.
2. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In
Forma Pauperis By a Prisoner.
3. The Clerk of the Court is directed to fax a courtesy copy of this order to the litigation
coordinator at Salinas Valley State Prison at [phone].
DATED: July 13, 2017

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