Conlan v. Quay

Filing 8

ORDER signed by Magistrate Judge Edmund F. Brennan on 9/19/2017 GRANTING petitioner 30 days to either submit an ifp application or the $5.00 filing fee. The Clerk shall send petitioner an ifp application form.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSHUA CONLAN,

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No. 2:17-cv-1466-EFB P

Petitioner,
v.

ORDER

QUAY,
Respondent.

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

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28 U.S.C. § 2241. On June 28, 2017, the United States District Court for the Eastern District of

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New York transferred the petition to this court as the appropriate venue. ECF No. 3. On July 25,

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2017, this court informed petitioner that it would not issue any orders granting or denying relief

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unless he paid the filing fee or sought leave to proceed in forma pauperis within thirty days. ECF

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No. 6. The time for acting has passed and petitioner has not complied with or otherwise

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responded to the court’s order. Instead, he filed a motion to return his petition to United States

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District Court for the Eastern District of New York. ECF No. 7. However, this case cannot

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proceed until it is properly commenced and petitioner’s motion must be deferred. Therefore, the

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petitioner’s motion to re-transfer venue is denied without prejudice to renewal once the action is

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properly commenced. The court will allow petitioner a final opportunity to either pay the filing

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fee or request leave to proceed in forma pauperis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner is granted thirty days from the date of service of this order to either submit

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an application to proceed in forma pauperis, or the filing fee in the amount of $5.00.

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Failure to comply with this order will result in a dismissal of this action.

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2. The Clerk of the Court is directed to send petitioner the court’s form application to
proceed in forma pauperis by a prisoner.
DATED: September 19, 2017.

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