Gerolaga v. Rackley

Filing 3

ORDER signed by Magistrate Judge Allison Claire on 3/6/2017 ORDERING petitioner shall submit, within 30 days, an affidavit to proceed ifp or the appropriate filing fee. Petitioner's failure to comply will result in a recommendation that this action be dismissed without prejudice. The Clerk shall send plaintiff a new ifp application. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TONY GEROLAGA, JR.,

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Petitioner,

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No. 2:17-cv-0454 AC P

v.

ORDER

RONALD RACKLEY,

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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. Petitioner has not, however, filed an in forma pauperis

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affidavit or paid the required filing fee ($5.00). See 28 U.S.C. §§ 1914(a); 1915(a). Petitioner

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

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to proceed in forma pauperis or the appropriate filing fee.

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

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1. Petitioner shall, within thirty days after the filing date of this order, submit an affidavit

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in support of his request to proceed in forma pauperis or the appropriate filing fee.
2. Petitioner’s failure to timely comply with this order will result in a recommendation

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that this action be dismissed without prejudice.

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3. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In

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Forma Pauperis By a Prisoner.

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DATED: March 6, 2017

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