McCarty v. Frauenheim
Filing
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ORDER signed by Magistrate Judge Craig M. Kellison on 5/15/2018 ORDERING petitioner to submit, within 30 days, a complete ifp application with the required certification, or pay the appropriate filing fee; and the Clerk shall send petitioner an ifp form. (Yin, K)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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CHRISTOPHER JAMES McCARTY,
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No. 2:17-cv-2642-KJM-CMK-P
Petitioner,
vs.
ORDER
SCOTT FRAUENHEIM,
Respondent.
/
Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254.
When he filed his petition, petitioner submitted a non-certified copy of his
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prisoner trust fund account statement. He did not, however, file an application to proceed in
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forma pauperis, along with a “certification from the warden or other appropriate officer of the
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place of confinement showing the amount of money or securities that the petitioner has in any
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account in the institution” as required by Rule 3(a)(2) of the Federal Rules Governing Section
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2254 Cases, or paid the required filing fee. See 28 U.S.C. §§ 1914(a), 1915(a). Petitioner will
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be provided the opportunity to submit either a completed application to proceed in forma
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pauperis, with the required certification, or pay the appropriate filing fee. As to the certification
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requirement, while a copy of petitioner’s prison trust account statement certified by prison
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officials is not required to satisfy the requirement, such a statement will suffice. Petitioner is
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warned that failure to comply with this order may result in the dismissal of this action for lack of
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prosecution and failure to comply with court rules and orders. See Local Rule 110.
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Accordingly, IT IS HEREBY ORDERED that:
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1.
Petitioner shall submit on the form provided by the Clerk of the Court,
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within 30 days from the date of this order, a complete application for leave to proceed in forma
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pauperis, with the certification required by Rule 3(a)(2), or pay the appropriate filing fee; and
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2.
The Clerk of the Court is directed to send petitioner a new form
Application to Proceed In Forma Pauperis By a Prisoner.
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DATED: May 15, 2018
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
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