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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DEVON MAURICE JOHNSON, 12 Petitioner, 13 14 15 No. 2:17-cv-1635 KJN P v. ORDER PEOPLE OF THE STATE OF CALIFORNIA, Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 18 19 corpus pursuant to 28 U.S.C. § 2254. Petitioner has not, however, filed an in forma pauperis 20 affidavit or paid the required filing fee ($5.00). See 28 U.S.C. §§ 1914(a); 1915(a). Therefore, 21 petitioner will be provided the opportunity to either submit the appropriate affidavit in support of 22 a request to proceed in forma pauperis or submit the appropriate filing 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 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: August 11, 2017 4 5 6 /john1635.101a 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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