Om v. Martinez

Filing 4

ORDER signed by Magistrate Judge Allison Claire on 09/18/17 ORDERING petitioner shall submit within 30 days from the date of this order, a completed application in support of his request to proceed in forma pauperis. The clerk of the court is directed to send petitioner a copy of the in forma pauperis form used by this district. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SAMOL SAM OM,

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No. 2:17-cv-1912 AC P

Petitioner,
v.

ORDER

JOEL MARTINEZ,

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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. However, while petitioner has filed a certified copy of his

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prison trust account statement, presumably to demonstrate his inability to afford the costs of suit,

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the statement was not accompanied by an in forma pauperis application. See 28 U.S.C. §§

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1914(a); 1915(a). Petitioner will be provided the opportunity to provide an application in support

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of his request to proceed in forma pauperis. Because the trust account statement petitioner filed

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already includes the information provided by correctional staff in the certificate portion of the

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application, petitioner does not need to have correctional staff complete that part of the

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application form.

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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, a completed

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application in support of his request to proceed in forma pauperis. Failure to comply with this
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order will result in a recommendation that this action be dismissed.
2. The Clerk of the Court is directed to send petitioner a copy of the in forma pauperis
form used by this district.

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IT IS SO ORDERED.

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DATED: September 18, 2017

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