Coleman v. Baughman

Filing 5

ORDER signed by Magistrate Judge Allison Claire on 8/1/2017 ORDERING Petitioner to submit, within 30 days of this order's entry, either the filing fee or an application to proceed IFP. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SAAHDI ABDUL COLEMAN,

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Petitioner,

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No. 2:17-cv-00882 AC P

v.

ORDER

D. BAUGHMAN,

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Respondent.

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Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to

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28 U.S.C. § 2254. On June 28, 2017, the court entered an order directing petitioner to show cause

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as to why his petition should not be dismissed as untimely. ECF No. 3. The order also directed

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petitioner to submit either the filing fee or a completed application to proceed in forma pauperis

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within thirty days. Id. at 3. On July 28, 2017, petitioner filed a response to the show cause order

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which argued that his petition was timely. ECF No. 4. He failed, however, to pay the filing fee

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or submit an in forma pauperis application. The court will not consider petitioner’s arguments

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about the timeliness of his petition until the issue of the filing fee is settled. The court will offer

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petitioner a final thirty day extension to submit the filing fee or a proper application. Failure to

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comply with this order will result in a recommendation that this action be dismissed without

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prejudice for failure to prosecute.

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It is THEREFORE ORDERED that:

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1.

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Petitioner must submit either the filing fee or an application to proceed in forma

pauperis within thirty days of this order’s entry;
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The Clerk of the Court is directed to send petitioner the application to proceed in

forma pauperis by a prisoner; and
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Failure to submit the filing fee or application to proceed in forma pauperis will

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result in a recommendation that this action be dismissed without prejudice for failure to

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prosecute.

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DATED: August 1, 2017

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