(HC) Hunter v. Sacramento Superior Court

Filing 5

ORDER signed by Magistrate Judge Dennis M. Cota on 06/15/2020 DIRECTING Plaintiff to submit, within 30 days from the date of this order, a complete application for leave to proceed IFP, with the required certified copy of his trust account statement, or the appropriate filing fee. Clerk is directed to send plaintiff a new Application to Proceed IFP. (Tupolo, A)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

DAVID SAMPSON HUNTER,

12
13
14
15

No. 2:20-CV-1097-DMC

Petitioner,
v.

ORDER

SACRAMENTO SUPERIOR COURT,
Respondent.

16
17

Petitioner, who is proceeding pro se, brings this petition for a writ of habeas

18

corpus pursuant to 28 U.S.C. § 2254. Petitioner has not filed a complete application to proceed in

19

forma pauperis, along with a “certification from the warden or other appropriate officer of the

20

place of confinement showing the amount of money or securities that the petitioner has in any

21

account in the institution” as required by Rule 3(a)(2) of the Federal Rules Governing Section

22

2254 Cases, or paid the required filing fee. See 28 U.S.C. §§ 1914(a), 1915(a). Petitioner will be

23

provided the opportunity to submit either a completed application to proceed in forma pauperis,

24

with the required certification, or pay the appropriate filing fee. As to the certification

25

requirement, while a copy of petitioner’s prison trust account statement certified by prison

26

officials is not required to satisfy the requirement, such a statement will suffice. Petitioner is

27

warned that failure to comply with this order may result in the dismissal of this action for lack of

28

prosecution and failure to comply with court rules and orders. See Local Rule 110.
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1.

Petitioner shall submit on the form provided by the Clerk of the Court,

3

within 30 days from the date of this order, a complete application for leave to proceed in forma

4

pauperis, with the certification required by Rule 3(a)(2), or pay the appropriate filing fee; and

5
6

2.

The Clerk of the Court is directed to send petitioner a new form

Application to Proceed In Forma Pauperis By a Prisoner.

7
8

Dated: June 15, 2020
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2