(HC) Robertson v. Covello

Filing 4

ORDER signed by Magistrate Judge Dennis M. Cota on 9/24/2024 ORDERING that Petitioner shall 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, or pay the appropriate filing fee. (Huang, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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COREY ROBERTSON,

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Petitioner,
v.

No. 2:24-CV-02541-DMC-P
ORDER

PATRICK 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 under 28 U.S.C. § 2254. Petitioner has not filed a complete application to proceed

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

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

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

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

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

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

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

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

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

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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: September 24, 2024

____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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