Simmons v. Kernan
Filing
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ORDER signed by Magistrate Judge Edmund F. Brennan on 11/6/2017 ORDERING petitioner to submit, within 30 days, an affidavit in support of his request to proceed ifp or the appropriate filing fee; and 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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MELVIN SIMMONS, Jr.,
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No. 2:17-cv-2276-EFB P
Petitioner,
v.
ORDER
SCOTT KERNAN, Warden,
Respondent.
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Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to
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28 U.S.C. § 2254. He has not, however, filed an in forma pauperis affidavit or paid the required
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filing fee ($5.00). See 28 U.S.C. §§ 1914(a); 1915(a). Petitioner will be provided the opportunity
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to either submit the appropriate affidavit in support of a request to proceed in forma pauperis or
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submit the appropriate filing fee.
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In accordance with the above, IT IS HEREBY ORDERED that:
1. Petitioner shall submit, within thirty days from the date of this order, an affidavit in support
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of his request to proceed in forma pauperis or the appropriate filing fee; petitioner’s failure to
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comply with this order may result in this action being dismissed; and
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2. The Clerk of the Court is directed to send petitioner a copy of the in forma pauperis form
used by this district.
Dated: November 6, 2017.
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