Hammons v. Hartley
Filing
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ORDER VACATING 7 Order on Motion to Proceed in forma pauperis and VACATING Order Directing Payment, signed by Magistrate Judge Michael J. Seng on 11/09/2011. (Copy of this order to CDC and Fresno Financial via electronic service)(Martin-Gill, S)
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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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WESLEY HAMMONS,
1:11-cv-01719-MJS-(HC)
Petitioner,
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vs.
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JAMES D. HARTLEY,
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Respondent.
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ORDER VACATING GRANT TO
PROCEED IN FORMA PAUPERIS AND
VACATING ORDER DIRECTING
PAYMENT
(Doc. 7)
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Petitioner is a state prisoner proceeding pro se in a habeas corpus action pursuant
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to 28 U.S.C. Section 2254. On September 26, 2011, Petitioner filed an application to
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proceed in forma pauperis. (Mot., ECF No. 2.) On October 18, 2011, the Court granted the
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application to proceed in forma pauperis, however the Court incorrectly considered the
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petition for writ of habeas corpus a civil rights complaint, and ordered Petitioner to make
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monthly payments. (Order, ECF No. 7.)
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The order is HEREBY VACATED. Petitioner is not required to make monthly
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payments as stated in the order, and the Court hereby notifies the California Department
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of Corrections and the Financial Department of the United States District Court that
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monthly payments shall not be collected. The Court shall address Petitioner’s application
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to proceed in forma pauperis by way of a separate order.
Accordingly, IT IS HEREBY ORDERED that:
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1. The order granting Plaintiff's application to proceed in forma pauperis and
directing payment of filing fee is VACATED (ECF No. 7.);
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2. The Clerk of the Court is directed to serve a copy of this order on the Director of
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the California Department of Corrections, via the court's electronic case filing system
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(CM/ECF); and
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3. The Clerk of Court is directed to serve a copy of this order on the Financial
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Department, U.S. District Court, Eastern District of California, Fresno Division.
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IT IS SO ORDERED.
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Dated:
ci4d6
November 9, 2011
Michael J. Seng
/s/
UNITED STATES MAGISTRATE JUDGE
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