(HC) Selck v. County of Sacramento

Filing 6

ORDER signed by Magistrate Judge Dennis M. Cota on 9/9/2021 ORDERING Petitioner to submit on the form provided by the Clerk, within 30 days from the date of this order, a complete application for leave to proceed IFP, with the certification required by Rule 3(a)(2), or pay the appropriate filing fee. The Clerk of the Court is directed to send Petitioner a new form Application to Proceed In Forma Pauperis By a Prisoner. (Henshaw, R)

Case 2:21-cv-01499-DMC Document 6 Filed 09/09/21 Page 1 of 2
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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MORREY SELCK,

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No. 2:21-CV-1499-DMC-P

Petitioner,
v.

ORDER

COUNTY OF SACRAMENTO,
Respondent.

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Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of

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

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proceed in forma pauperis, along with a “certification from the warden or other appropriate

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officer of the place of confinement showing the amount of money or securities that the petitioner

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

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

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application filed by Petitioner on September 3, 2021, ECF No. 5, is incomplete in that it does not

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contain the required certification. Petitioner will be provided the opportunity to submit either a

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completed application to proceed in forma pauperis, with the required certification, or pay the

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appropriate filing fee. As to the certification requirement, while a copy of Petitioner’s prison trust

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account statement certified by prison officials is not required to satisfy the requirement, such a

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statement will suffice. Petitioner is warned that failure to comply with this order may result in the
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Case 2:21-cv-01499-DMC Document 6 Filed 09/09/21 Page 2 of 2
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dismissal of this action for lack of prosecution and failure to comply with court rules and orders.

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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: September 9, 2021
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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