Harrell v. Davis
Filing
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ORDER TO PAY FILING FEE; DENYING LEAVE TO PROCEED IN FORMA PAUPERIS. Signed by Judge JEFFREY S. WHITE on 12/29/15. (Attachments: # 1 Certificate/Proof of Service)(jjoS, COURT STAFF) (Filed on 12/29/2015)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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v.
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RON DAVIS, Warden,
For the Northern District of California
United States District Court
ORDER TO PAY FILING FEE;
DENYING LEAVE TO PROCEED
IN FORMA PAUPERIS
Petitioner,
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No. C 15-4850 JSW (PR)
GARY HARRELL,
(Docket No. 4)
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Respondent.
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Petitioner, a prisoner of the State of California, filed a habeas corpus petition
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pursuant to 28 U.S.C. ยง 2254 challenging the constitutionality of his state conviction.
He has applied for leave to proceed in forma pauperis. The prison trust account
documents (dkt. # 6) show that he had more than ample funds to pay the $5.00 filing fee
when he filed his petition, to wit: an average monthly balance of $255 and average
monthly deposits of $53. Within 28 days of the date this order is filed, Petitioner shall
pay the $5.00 filing fee. His failure to do so will result in the dismissal of this case
without prejudice.
IT IS SO ORDERED.
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DATED:
December 29, 2015
JEFFREY S. WHITE
United States District Judge
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