Thao v. Superior Court of California County of Sacramento

Filing 4

ORDER signed by Magistrate Judge Allison Claire on 12/14/2018 ORDERING petitioner shall submit, within 30 days, an affidavit 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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TOU CHRISTMAS THAO,

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No. 2:17-cv-2396 AC P

Petitioner,
v.

ORDER

SUPERIOR COURT OF CALIFORNIA,
COUNTY OF SACRAMENTO,
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. ECF No. 1. The matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On November 27, 2017, petitioner was directed either to submit an affidavit in support of

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his request to proceed in forma pauperis or to pay the required $5.00 filing fee within thirty days.

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See ECF No. 3. To date, petitioner has done neither.

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Petitioner will be given a second and final opportunity to comply with the court’s order.

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Failure to do so will result in a recommendation that this action be dismissed for failure to comply

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with a court order and for failure to prosecute.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner shall submit, within thirty days from the date of this order, an affidavit in

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support of his request to proceed in forma pauperis or the appropriate filing fee, and
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2. The Clerk of Court shall send petitioner a copy of the in forma pauperis form used in

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this district.

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DATED: December 14, 2018

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