Vasquez v. Frauenheim

Filing 5

ORDER signed by Magistrate Judge Kendall J. Newman on 12/13/2017 ORDERING Petitioner to submit, within 30 days from the date of this order, an affidavit in support of his request to proceed IFP or the appropriate filing fee. (Henshaw, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SALVADOR BENJAMIN VASQUEZ, 12 Petitioner, 13 14 No. 2:17-cv-2579 KJN P v. ORDER SCOTT FRAUENHEIM, 15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 17 18 corpus pursuant to 28 U.S.C. § 2254. Petitioner has not, however, filed an in forma pauperis 19 affidavit or paid the required filing fee ($5.00). See 28 U.S.C. §§ 1914(a); 1915(a). Therefore, 20 petitioner will be provided the opportunity to either submit the appropriate affidavit in support of 21 a request to proceed in forma pauperis or submit the appropriate filing fee. In addition, on October 23, 2017, petitioner filed a motion to stay and abey his federal 22 23 habeas petition pursuant to Rhines v. Weber, 544 U.S. 269 (1995), in order to exhaust state court 24 remedies on his ineffective assistance of counsel claims. (ECF No. 2.) Due to the overwhelming 25 demands on the court’s docket, this motion cannot be adjudicated immediately. However, 26 petitioner is not required to await resolution of the pending motion before returning to state court 27 to properly exhaust his state court remedies. In the event that petitioner exhausts any claims in 28 //// 1 1 the California Supreme Court prior to this court’s resolution of the pending motion for stay, 2 petitioner is advised to file a notice of exhaustion in this court. 3 In accordance with the above, IT IS HEREBY ORDERED that: 4 1. Petitioner shall submit, within thirty days from the date of this order, an affidavit in 5 support of his request to proceed in forma pauperis or the appropriate filing fee; petitioner’s 6 failure to comply with this order will result in a recommendation that this action be dismissed; 7 and 8 9 10 2. The Clerk of the Court is directed to send petitioner a copy of the in forma pauperis form used by this district. Dated: December 13, 2017 11 12 13 /vasq2579.101a 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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