Duran v. Frauenheim

Filing 9

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)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JOSE ANTONIO DURAN,

12
13
14
15

No. 2:17-cv-2122 GEB AC P

Petitioner,
v.

ORDER

SCOTT FRAUENHEIM,
Respondent.

16
17

By order filed October 31, 2017, the undersigned denied petitioner’s motion for a stay

18

without prejudice, and gave him thirty days to file another motion in accordance with the order or

19

proceed on the petition without a stay. ECF No. 7. Petitioner was also given thirty days to

20

submit either an application to proceed in forma pauperis or the required filing fee. Id. Thirty

21

days have now passed and although petitioner has filed an amended motion for stay (ECF No. 8),

22

he has not submitted an application to proceed in forma pauperis or the required filing fee. The

23

court will not take any action on the motion until his fee status has been resolved.

24

Accordingly, IT IS HEREBY ORDERED that:

25

1. Within thirty days of service of this order, petitioner must submit an application in

26
27
28

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.
1

1
2

3. The Clerk of the Court is directed to send petitioner a copy of the in forma pauperis
form used by this district.

3

IT IS SO ORDERED.

4

DATED: December 19, 2017

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2