(HC) Solomon v. CDCR

Filing 3

ORDER signed by Magistrate Judge Dennis M. Cota on 03/27/2024 DIRECTING the Petitioner to submit a Motion to Proceed IFP or pay the appropriate filing fee within 30 days. (Spichka, K.)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LAKQUAN D. SOLOMON, 12 Petitioner, 13 14 15 v. No. 2:24-CV-0924-DMC-P ORDER CDCR, Respondent. 16 17 Petitioner, a prisoner proceeding pro se, brings this petition for a writ of habeas 18 corpus under 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: March 27, 2024 ____________________________________ 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

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