Benson v. Spearman

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 09/13/17 ORDERING petitioner shall submit within 30 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis or the appropriate filing fee. The clerk of the court is directed to send petitioner a copy of the in forma pauperis form used by this district. (Plummer, M)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JIMMY LEE BENSON, 12 Petitioner, 13 14 No. 2:17-cv-1881 KJN P v. ORDER M. E. SPEARMAN, 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. Petitioner has not, however, filed an in forma pauperis 19 affidavit or paid the required filing fee ($5.00). See 28 U.S.C. §§ 1914(a); 1915(a). Petitioner 20 will be provided the opportunity to either submit the appropriate affidavit in support of a request 21 to proceed in forma pauperis or submit the appropriate filing fee. 22 In accordance with the above, IT IS HEREBY ORDERED that: 23 1. Petitioner shall submit, within thirty days from the date of this order, an affidavit in 24 support of his request to proceed in forma pauperis or the appropriate filing fee; petitioner’s 25 failure to comply with this order will result in a recommendation that this action be dismissed; 26 and 27 ///// 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: September 13, 2017 4 5 6 7 /bens1881.101a 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?