Doughton v. Speakman

Filing 4

ORDER signed by Magistrate Judge Craig M. Kellison on 6/5/2017 ORDERING Petitioner to submit, within 30 days from the date of this order, a complete IFP application or pay the appropriate filing fee. (Henshaw, R)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CAMITT RUSSELL DOUGHTON, 12 13 14 15 16 17 No. 2:17-CV-0639-CMK-P Petitioner, vs. ORDER SPEAKMAN, Respondent. / Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of 18 habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has not filed a complete application to 19 proceed in forma pauperis, along with a “certification from the warden or other appropriate 20 officer of the place of confinement showing the amount of money or securities that the petitioner 21 has in any account in the institution” as required by Rule 3(a)(2) of the Federal Rules Governing 22 Section 2254 Cases, or paid the required filing fee. See 28 U.S.C. §§ 1914(a), 1915(a). 23 Petitioner will be provided the opportunity to submit either a completed application to proceed in 24 forma pauperis, with the required certification, or pay the appropriate filing fee. As to the 25 certification requirement, while a copy of petitioner’s prison trust account statement certified by 26 prison officials is not required to satisfy the requirement, such a statement will suffice. Petitioner 1 1 is warned that failure to comply with this order may result in the dismissal of this action for lack 2 of prosecution and failure to comply with court rules and orders. See Local Rule 110. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. Petitioner shall submit on the form provided by the Clerk of the Court, 5 within 30 days from the date of this order, a complete application for leave to proceed in forma 6 pauperis, with the certification required by Rule 3(a)(2), or pay the appropriate filing fee; and 7 8 2. The Clerk of the Court is directed to send petitioner a new form Application to Proceed In Forma Pauperis By a Prisoner. 9 10 11 12 DATED: June 5, 2017 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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