Guzman v. Jacquez

Filing 8

ORDER DIRECTING PETITIONER TO FILE APPLICATION FOR LEAVE TO PROCEED IN FORMA PAUPERIS. Signed by Judge Lucy H. Koh on 1/2/13. (Attachments: # 1 Certificate/Proof of Service)(mpb, COURT STAFF) (Filed on 1/3/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAMUEL S. GUZMAN,

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Petitioner,
v.
WARDEN FRANCISCO JACQUEZ,
Respondent.

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No. C 12-5341 LHK (PR)
ORDER DIRECTING
PETITIONER TO FILE
APPLICATION FOR LEAVE TO
PROCEED IN FORMA
PAUPERIS

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On October 16, 2012, Petitioner, a California state prisoner proceeding pro se, filed a

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petition for writ of habeas corpus, pursuant to 28 U.S.C. § 2254. Along with his petition,

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Petitioner filed a motion for leave to proceed in forma pauperis (“IFP”). That same day, the

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Court sent a notification to Petitioner, informing him that he did not pay the filing fee, nor did he

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file a completed application to proceed IFP. The Court provided Petitioner with a blank IFP

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application, along with a return envelope, and a notification that the case would be dismissed if

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Petitioner failed to pay the fee, or file a completed application with supporting documentation

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within thirty days. Having received nothing from Petitioner after thirty days, on November 30,

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2012, the Court dismissed this action without prejudice based on Petitioner’s failure to timely

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submit an completed application to proceed IFP, or pay the filing fee.

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On December 12, 2012, Petitioner filed a motion to re-open the case. In his motion, he

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alleges that he never received any notification from the Court regarding an incomplete IFP

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application. Out of an abundance of caution, the Court directs Petitioner to file a completed

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application to proceed IFP, including a certificate of funds, completed and signed by an

Order Directing Petitioner to File Application for Leave to Proceed In Forma Pauperis
G:\PRO-SE\SJ.LHK\HC.12\Guzman341dir.wpd

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authorized officer at the prison, and a copy of his prisoner trust account showing the transactions

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for the last six months. Petitioner shall file these documents, or pay a $5.00 filing fee, within

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thirty days of the filing date of this order. If Petitioner complies, the Court will consider

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Petitioner’s motion to re-open. Should Petitioner fail to either file the necessary documents or

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pay the filing fee, this case shall remain closed, and no further filings will be considered.

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IT IS SO ORDERED.
DATED:

1/2/13
LUCY H. KOH
United States District Judge

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Order Directing Petitioner to File Application for Leave to Proceed In Forma Pauperis
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