Johnson v. Spearman

Filing 4

ORDER signed by Magistrate Judge Kendall J. Newman on 8/11/2017 ORDERING petitioner shall submit, within 30 days, an affidavit to proceed ifp or the appropriate filing fee; and the Clerk shall send petitioner an ifp 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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DEVON MAURICE JOHNSON,

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Petitioner,

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No. 2:17-cv-1635 KJN P

v.

ORDER

PEOPLE OF THE STATE OF
CALIFORNIA,
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). Therefore,

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

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a request to proceed in forma pauperis or submit 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 submit, within thirty days from the date of this order, an affidavit in

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support of his request to proceed in forma pauperis or the appropriate filing fee; petitioner’s

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failure to comply with this order will result in a recommendation that this action be dismissed;

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and

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2. The Clerk of the Court is directed to send petitioner a copy of the in forma pauperis

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form used by this district.

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Dated: August 11, 2017

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/john1635.101a

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