Douglas v. Lopez

Filing 7

ORDER DIRECTING PETITIONER TO PAY FILING FEE OR FILE IN FORMA PAUPERIS APPLICATION; DIRECTING CLERK OF THE COURT TO SEND PETITIONER IN FORMA PAUPERIS APPLICATION FORM; DENYING 2 MOTION FOR APPOINTMENT OF COUNSEL. Signed by Judge Claudia Wilken on 1/11/2012. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 1/11/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JUNIOR DOUGLAS,

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No. C 11-06300 CW (PR)

Petitioner,
v.
RAUL LOPEZ, Warden,
Respondent.

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/

ORDER DIRECTING PETITIONER TO PAY
FILING FEE OR FILE IN FORMA
PAUPERIS APPLICATION; DIRECTING
CLERK OF THE COURT TO SEND
PETITIONER IN FORMA PAUPERIS
APPLICATION FORM; DENYING MOTION
FOR APPOINTMENT OF COUNSEL
(Docket no. 2)

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United States District Court
For the Northern District of California

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Petitioner, a state prisoner, filed the present pro se

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petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254

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in the United States District Court for the Eastern District of

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California.

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Northern District and assigned to the undersigned.

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On December 19, 2011, the case was transferred to the

The Court cannot conduct an initial review of the petition

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until Petitioner either has paid the filing fee or completed an in

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forma pauperis (IFP) application.

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is permitted to file a civil action in federal court without

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prepayment of fees or security if he makes affidavit that he is

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unable to pay such fees or give security therefor).

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documentation in the case file that indicates Petitioner has done

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so, the Court orders as follows:

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See 28 U.S.C. § 1915(a) (a party

As there is no

No later than thirty (30) days from the date of this Order,

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Petitioner shall pay the $5.00 filing fee and include with his

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payment a clear indication that it is for the above-referenced case

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number, C 11-06300 CW (PR).

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to pay the filing fee, he shall submit an IFP application, trust

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account statement and certificate of funds no later than thirty

In the event that Petitioner is unable

(30) days from the date of this Order.

Failure to pay the filing

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fee or file the requisite documents within the thirty-day deadline

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shall result in dismissal of this action.

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Petitioner also has filed a motion for appointment of counsel.

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The motion is DENIED without prejudice, because it is premature for

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the Court to consider Petitioner's request until the petition can

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be reviewed.

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United States District Court
For the Northern District of California

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The Clerk of the Court shall send Petitioner a blank prisoner
IFP application form along with his copy of this Order.
This Order terminates Docket no. 2.
IT IS SO ORDERED.
Dated: 1/11/2012
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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