Benson v. Spearman

Filing 8

ORDER signed by Magistrate Judge Kendall J. Newman on 10/17/2017 ORDERING Petitioner to submit, within 30 days from the date of this order, a signed IFP application. (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 JIMMY LEE BENSON, 12 13 14 15 No. 2:17-cv-1881 KJN P Petitioner, v. ORDER M.E. SPEARMAN, Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. Petitioner consented to proceed before the undersigned for 19 all purposes. See 28 U.S.C. § 636(c). On September 27, 2017, pursuant to the September 13, 20 2017 order, petitioner filed his application to proceed in forma pauperis. However, he did not 21 sign the application. All filings must be signed by counsel or by parties proceeding in propria 22 persona. Fed. R. Civ. P. 11(a). Therefore, petitioner is provided the opportunity to submit a 23 signed application within thirty days. Petitioner is not required to obtain certification by prison 24 officials; the CDCR provides such information directly to the court. 25 In accordance with the above, IT IS HEREBY ORDERED that: 26 1. Petitioner shall submit, within thirty days from the date of this order, a signed 27 application to proceed in forma pauperis; petitioner’s failure to comply with this order will result 28 in the dismissal of this action; and 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: October 17, 2017 4 5 6 /bens1881.101a2 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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