(HC) Franklin v. Warden
Filing
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ORDER signed by Magistrate Judge Sean C. Riordan on 10/24/2024 ORDERING petitioner to submit, within 30 days, an affidavit in support of his request to proceed ifp or the appropriate filing fee. (Yin, K)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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CHRISTOPHER FRANKLIN,
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No. 2:24-cv-1822 DB P
Petitioner,
v.
ORDER
WARDEN,
Respondent.
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Petitioner, a state prisoner proceeding pro se, filed an application for a writ of habeas
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corpus pursuant to 28 U.S.C. § 2254. On August 20, 2024, the court ordered petitioner to submit,
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within 30 days, an affidavit in support of a request to proceed in forma pauperis (“IFP”) or the
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$5.00 filing fee. To date, no IFP affidavit or filing fee payment has been received. However,
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petitioner has mailed three letters to the Clerk of the Court which have been filed and which
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indicate petitioner signed a trust account withdrawal form requesting a withdrawal for the filing
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fee to be paid. (ECF Nos. 9, 10, 11.)
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As explained, no payment has been received. It could be that petitioner did not have
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adequate funds for the withdrawal, or there could be some other reason why the payment has not
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been processed. Petitioner will be provided a further opportunity to submit the appropriate filing
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fee, or, if appropriate, an affidavit in support of a request to proceed IFP. See 28 U.S.C. §§
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1914(a); 1915(a). In light of petitioner’s previous trust account withdrawal requests, submitting
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the filing fee might require petitioner to make inquiry within his facility as to why his previous
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trust account withdrawal order did not result in payment of the filing fee. Petitioner may request a
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further extension of time as necessary.
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In accordance with the above, IT IS ORDERED that petitioner shall submit, within thirty
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days from the date of this order, an affidavit in support of his request to proceed in forma pauperis
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or the appropriate filing fee.
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DATED: October 24, 2024
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