Warren v. State of Washington

Filing 4

ORDER that Petitioner file a motion for IFP with a certified copy of his prison trust account or pay the $5.00 filing fee on or before 12/15/17. If petitioner fails to do so, the Court will recommend that petitioner's habeas petitio n be dismissed for failure to obey a court order and failure to prosecute. In the alternative, petitioner may file a motion to voluntarily dismiss his petition without prejudice. He may then re-file his action at a later date. Signed by Magistrate Judge J Richard Creatura. **2 PAGE(S), PRINT ALL**(Melford Warren, Prisoner ID: 395974)(CMG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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MELFORD JOHN WARREN, JR.,
Petitioner,

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CASE NO. 3:17-cv-05812-BHS-JRC
ORDER TO CORRECT IFP
DEFICIENCY

v.
STATE OF WASHINGTON,
Respondent.

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The District Court has referred this petition for a writ of habeas corpus to United States

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Magistrate Judge J. Richard Creatura. The District Court’s authority for the referral is 28 U.S.C.

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§ 636(b)(1)(A) and (B), and local Magistrate Judge Rules MJR3 and MJR4. Petitioner seeks

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relief from a state conviction.

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Petitioner filed his petition pursuant to 28 U.S.C. § 2254 on October 6, 2017. Dkt. 1.

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However, the Clerk noted that he had not paid the filing fee or filed a motion for leave to proceed

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in forma pauperis (“motion for IFP”) and sent a letter to petitioner explaining his deficiency.

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Dkt. 3. The Clerk warned that petitioner had until November 13, 2017 to file an amended motion

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ORDER TO CORRECT IFP DEFICIENCY - 1

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with a certified copy of his prison trust account or his action could face dismissal. Id. Petitioner

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has failed to do so.

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Therefore, the Court orders petitioner to file a motion for IFP with a certified copy of his

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prison trust account or pay the $5.00 filing fee on or before December 15, 2017. If petitioner

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fails to do so, the Court will recommend that petitioner’s habeas petition be dismissed for failure

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to obey a court order and failure to prosecute.

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In the alternative, petitioner may file a motion to voluntarily dismiss his petition without
prejudice. He may then refile his action at a later date.

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Dated this 21st day of November, 2017.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER TO CORRECT IFP DEFICIENCY - 2