Villasenor v. Martell

Filing 9

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/6/2010 ORDERING petitioner to submit either the filing fee or the ifp application w/in 30 days; the clerk to mail petitioner an ifp form and to terminate the 7 motion seeking clarification. (Yin, K)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. MICHAEL MARTEL, Respondent. / Petitioner, a prisoner without counsel, has filed a petition for a writ of habeas corpus. See 28 U.S.C. § 2254. A petitioner seeking a writ of habeas corpus either must pay the $5.00 filing fee, see 28 U.S.C. § 1914(a), or request leave of court to proceed in forma pauperis, 28 U.S.C. § 1915(a). In this action, petitioner has neither paid the fee nor submitted an application for leave to proceed in forma pauperis. Notwithstanding the facts explained in petitioner's motion seeking clarification and correction of the record, petitioner must submit either the filing fee or the application required by section 1915(a) in this action. //// //// //// //// 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ANTONIO V. VILLASENOR, Petitioner, No. CIV S-09-2324 FCD EFB P ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Petitioner must comply with this order within 30 days from the day it is served. Petitioner's failure to comply with this order will result in a recommendation that this action be dismissed. The Clerk of the Court is directed to mail to petitioner a form application for leave to proceed in forma pauperis and to terminate docket entry 7. So ordered. Dated: May 6, 2010. 2

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