Davis v. Gilbert

Filing 2

ORDER TO SHOW CAUSE re 1 MOTION for Leave to Proceed In Forma Pauperis filed by Charles Jeffery Davis, signed by Magistrate Judge Theresa L Fricke. Show Cause Response or payment of the filing fee due by 10/29/2017. **2 PAGE(S), PRINT ALL**(Charles Davis, Prisoner ID: 318058)(CMG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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CHARLES JEFFERY DAVIS,
Case No. C17-5665 RBL-TLF

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Petitioner,

MARGARET GILBERT,
Respondent.

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ORDER TO SHOW CAUSE
REGARDING PETITIONER’S
APPLICATION TO PROCEED IN
FORMA PAUPERIS

v.

This matter is before the Court on petitioner’s filing of an application to proceed in forma

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pauperis and a petition for writ of habeas corpus under 28 U.S.C. §2254. Dkt. 1. An attached

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trust account statement dated August 4, 2017 shows that petitioner has average monthly receipts

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of $35.93 and an average monthly spendable balance of $72.05. The filing fee for a habeas

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petition is $5.00. Based on the information provided by petitioner, the Court is unable to

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determine whether he should be granted IFP.

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Accordingly, the Court ORDERS:

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(1)

Petitioner shall show cause why his IFP application should not be denied on or

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before October 29, 2017. Alternatively, petitioner may pay the $5.00 filing fee

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before that date. Petitioner’s failure to do so shall be deemed a failure to properly

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prosecute this matter and the Court will recommend dismissal of the petition.

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ORDER TO SHOW CAUSE REGARDING PETITIONER’S
APPLICATION TO PROCEED IN FORMA PAUPERIS - 1

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(2)

The Clerk is directed to send a copy of this Order to petitioner.

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Dated this 26th day of September, 2017.

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A

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Theresa L. Fricke
United States Magistrate Judge

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ORDER TO SHOW CAUSE REGARDING PETITIONER’S
APPLICATION TO PROCEED IN FORMA PAUPERIS - 2