O'Neil v. Unknown

Filing 3

ORDER signed by Magistrate Judge Allison Claire on 4/13/18 ORDERING petitioner shall submit within 30 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis or the appropriate filing fee. The clerk of the court is directed to send petitioner a copy of the in forma pauperis form used by this district. The clerk of the court is further directed to substitute the proper respondent in this case. (Plummer, M)

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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 TERRENCE O’NEIL, 12 No. 2:18-cv-0858 AC P Petitioner, 13 v. ORDER 14 ROBERT BURTON, Warden,1 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). Petitioner 20 will be provided the opportunity to either submit the appropriate affidavit in support of a request 21 to proceed in forma pauperis or submit the appropriate filing fee. 22 In accordance with the above, IT IS HEREBY ORDERED that: 23 1. Petitioner shall submit, within thirty days from the date of this order, an affidavit in 24 support of his request to proceed in forma pauperis or the appropriate filing fee; petitioner’s 25 1 26 27 28 A federal petition for writ of habeas corpus must name as respondent the state officer having custody of the petitioner. See 28 U.S.C. § 2254; Rule 2(a) of the Rules Governing Section 2254 Cases in the United States District Courts; Smith v. Idaho, 392 F.3d 350, 354-55 (9th Cir. 2004); Stanley v. California Supreme Court, 21 F.3d 359, 360 (9th Cir. 1994). Accordingly, Robert Burton, Acting Warden of Deuel Vocational Institution (petitioner’s current place of incarceration), is substituted as respondent herein. 1 1 failure to comply with this order will result in a recommendation that this action be dismissed; 2 2. The Clerk of the Court is directed to send petitioner a copy of the in forma pauperis 3 4 form used by this district; and 3. The Clerk of Court is further directed to substitute the proper respondent in this case, 5 see n.1, supra. 6 DATED: April 13, 2018 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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