(HC) Calderon v. Covello

Filing 3

ORDER signed by Magistrate Judge Dennis M. Cota on 11/16/2021 ORDERING petitioner to submit on the form provided by the Clerk of the Court, within 30 days from the date of this order, a complete application for leave to proceed in forma pauperis, with the certification required by Rule 3(a)(2), or pay the appropriate filing fee. (Henshaw, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JUAN C. CALDERON,

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No. 2:21-CV-2084-DMC-P

Petitioner,
v.

ORDER

P. COVELLO,
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).

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Petitioner will be provided the opportunity to submit either a completed application to proceed in

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

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

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

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

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of 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: November 16, 2021
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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