Batiste v. Hedgpeth

Filing 3

ORDER Granting Petitioner Fourteen Days to File in Forma Pauperis Affidavit or Pay Filing Fee. IFP Form due by 5/7/2013. Signed by Judge Thelton E. Henderson on 04/22/2013. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 4/23/2013)

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1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 7 JAMIE BATISTE, No. C 13-1098 TEH (PR) 8 Petitioner, ORDER GRANTING PETITIONER FOURTEEN DAYS TO FILE IN FORMA PAUPERIS AFFIDAVIT OR PAY FILING FEE 9 v. 10 United States District Court For the Northern District of California A. HEDGPETH, Warden, 11 Respondent. 12 / 13 14 On March 11, 2013, Petitioner Jamie Batiste, an inmate at 15 California State Prison, Solano, filed a petition for a writ of 16 habeas corpus pursuant to 28 U.S.C. § 2254 challenging a judgment of 17 conviction from Contra Costa County Superior Court. 18 date, the Clerk of the Court sent Petitioner a notice that he did 19 not file an application to proceed in forma pauperis (IFP). 20 notice warned Petitioner that he must respond within twenty-eight 21 days from the date of the notice by filing an IFP application or by 22 paying the $5.00 filing fee, or his case would be DISMISSED and the 23 file would be closed. 24 On the same The Twenty-eight days have passed and Petitioner has not filed 25 an IFP application or paid the $5.00 filing fee. 26 of justice, the Court will allow Petitioner fourteen more days in 27 which to file his IFP application, including a completed certificate 28 of funds in his prison trust account and a copy of his prison trust In the interests 1 account statement for the last six months. 2 § 1915(a)(2). 3 If he does not respond within fourteen days, his petition for a writ 4 of habeas corpus will be dismissed without prejudice for failure to 5 prosecute. See 28 U.S.C. Alternately, Petitioner may pay the $5.00 filing fee. 6 7 IT IS SO ORDERED. 8 9 10 DATED 04/22/2013 THELTON E. HENDERSON United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\PRO-SE\TEH\HC.13\Batiste 13-1098-HC eot IFP.wpd 2

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