Pettus v. State of Washington

Filing 3

ORDER TO SHOW CAUSE re 1 MOTION for Leave to Proceed In Forma Pauperis filed by Jemaine D Pettus, signed by Magistrate Judge J Richard Creatura. Show Cause Response or filing fee due by 10/27/2017. **2 PAGE(S), PRINT ALL**(Jemaine Pettus, Prisoner ID: 975147)(CMG)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 JEMAINE D. PETTUS, Petitioner, 11 12 13 CASE NO. 3:17-cv-05750-RBL-JRC ORDER TO SHOW CAUSE v. STATE OF WASHINGTON, Respondent. 14 15 16 17 This case has been referred to the United States Magistrate Judge J. Richard Creatura pursuant to 28 U.S.C. § 636(b)(1) and Local MJR 3 and 4. 18 Petitioner Jemaine D. Pettus filed a proposed 2254 habeas petition and an application to 19 proceed in forma pauperis. Dkt. 1, 1-1, 1-2. Petitioner’s application indicates that, as of August 20 16, 2017, petitioner has a total of $565.93 in his prison trust account. Dkt. 1 at 3. His trust 21 account statement indicates that he has $44.54 as his spendable balance with an additional 22 $43.74 in his postage account, $431.65 in savings, and a $45.00 hold. Id. Because it appears that 23 24 ORDER TO SHOW CAUSE - 1 1 petitioner may have sufficient funds to pay the $5.00 filing fee for his habeas petition, he should 2 either do so or provide the court with an explanation of why he cannot. 3 Accordingly, petitioner is ordered to show cause why his application to proceed in forma 4 pauperis should not be denied on or before October 27, 2017. In the alternative, petitioner may 5 pay the $5.00 filing fee before that date. Failure to show cause or pay the filing bee shall be 6 deemed a failure to properly prosecute this matter and the Court will recommend dismissal. 7 Dated this 4th day of October, 2017. A 8 9 J. Richard Creatura United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDER TO SHOW CAUSE - 2

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