Cappel v. Rackley

Filing 5

ORDER signed by Magistrate Judge Allison Claire on 6/16/2017 ORDERING Petitioner to submit, within 30 days from the date of this order, an affidavit in support of IFP request or the appropriate filing fee. (Henshaw, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TAMMY ANN CAPPEL, 12 Petitioner, 13 14 No. 2:17-cv-1245 AC P v. ORDER RON RACKLEY, Warden, 15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 17 18 corpus pursuant to 28 U.S.C. § 2254. Although petitioner has submitted a copy of his prison trust 19 account statement, he has not filed an in forma pauperis affidavit (or paid the required filing fee 20 of $5.00). See 28 U.S.C. §§ 1914(a); 1915(a). Petitioner will be provided the opportunity to 21 submit the appropriate affidavit in support of a request to proceed in forma pauperis or the filing 22 fee. 23 In accordance with the above, IT IS HEREBY ORDERED that: 24 1. Petitioner shall submit, within thirty days from the date of this order, an affidavit in 25 support of his request to proceed in forma pauperis or the appropriate filing fee; petitioner’s 26 failure to comply with this order will result in a recommendation that this action be dismissed 27 without prejudice; and 28 //// 1 1 2. The Clerk of the Court is directed to send petitioner a copy of the in forma pauperis 2 form used by this district. 3 DATED: June 16, 2017 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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