Duran v. Frauenheim
Filing
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ORDER signed by Magistrate Judge Allison Claire on 12/19/2017 ORDERING, within 30 days, petitioner must submit an application to proceed ifp or the appropriate filing fee. Failure to comply with this order will result in a recommendation that this action be dismissed without prejudice. 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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JOSE ANTONIO DURAN,
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No. 2:17-cv-2122 GEB AC P
Petitioner,
v.
ORDER
SCOTT FRAUENHEIM,
Respondent.
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By order filed October 31, 2017, the undersigned denied petitioner’s motion for a stay
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without prejudice, and gave him thirty days to file another motion in accordance with the order or
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proceed on the petition without a stay. ECF No. 7. Petitioner was also given thirty days to
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submit either an application to proceed in forma pauperis or the required filing fee. Id. Thirty
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days have now passed and although petitioner has filed an amended motion for stay (ECF No. 8),
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he has not submitted an application to proceed in forma pauperis or the required filing fee. The
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court will not take any action on the motion until his fee status has been resolved.
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Accordingly, IT IS HEREBY ORDERED that:
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1. Within thirty days of service of this order, petitioner must submit an application in
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support of his request to proceed in forma pauperis or the appropriate filing fee.
2. Failure to comply with this order will result in a recommendation that this action be
dismissed without prejudice.
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3. 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: December 19, 2017
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