Simmons v. Kernan

Filing 3

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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 MELVIN SIMMONS, Jr., 11 12 13 14 No. 2:17-cv-2276-EFB P Petitioner, v. ORDER SCOTT KERNAN, Warden, Respondent. 15 16 Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to 17 28 U.S.C. § 2254. He has not, however, filed an in forma pauperis affidavit or paid the required 18 filing fee ($5.00). See 28 U.S.C. §§ 1914(a); 1915(a). Petitioner will be provided the opportunity 19 to either submit the appropriate affidavit in support of a request to proceed in forma pauperis or 20 submit the appropriate filing fee. 21 22 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 23 of his request to proceed in forma pauperis or the appropriate filing fee; petitioner’s failure to 24 comply with this order may result in this action being dismissed; and 25 26 27 28 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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