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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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JEMAINE D. PETTUS,
Petitioner,

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CASE NO. 3:17-cv-05750-RBL-JRC
ORDER TO SHOW CAUSE

v.
STATE OF WASHINGTON,
Respondent.

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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.

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Petitioner Jemaine D. Pettus filed a proposed 2254 habeas petition and an application to

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proceed in forma pauperis. Dkt. 1, 1-1, 1-2. Petitioner’s application indicates that, as of August

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16, 2017, petitioner has a total of $565.93 in his prison trust account. Dkt. 1 at 3. His trust

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account statement indicates that he has $44.54 as his spendable balance with an additional

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$43.74 in his postage account, $431.65 in savings, and a $45.00 hold. Id. Because it appears that

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ORDER TO SHOW CAUSE - 1

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petitioner may have sufficient funds to pay the $5.00 filing fee for his habeas petition, he should

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either do so or provide the court with an explanation of why he cannot.

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Accordingly, petitioner is ordered to show cause why his application to proceed in forma

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pauperis should not be denied on or before October 27, 2017. In the alternative, petitioner may

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pay the $5.00 filing fee before that date. Failure to show cause or pay the filing bee shall be

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deemed a failure to properly prosecute this matter and the Court will recommend dismissal.

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Dated this 4th day of October, 2017.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER TO SHOW CAUSE - 2