Mendoza v. The People of the State of California
Filing
3
ORDER signed by Magistrate Judge Craig M. Kellison on 6/6/2011 ORDERING ptnr to submit, w/in 30 days, a complete ifp application w/ the required certification, or pay the appropriate filing fee; and the clerk to send ptnr a new ifp form.(Yin, K)
<![CDATA[
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
CARLOS MENDOZA,
12
13
14
No. CIV S-11-1495-CMK-P
Petitioner,
vs.
ORDER
THE PEOPLE OF THE STATE OF
CALIFORNIA,
15
Respondent.
16
/
17
18
Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of
19
habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has not, however, filed a complete
20
application to proceed in forma pauperis, along with a “certification from the warden or other
21
appropriate officer of the place of confinement showing the amount of money or securities that
22
the petitioner has in any account in the institution” as required by Rule 3(a)(2) of the Federal
23
Rules Governing Section 2254 Cases, or paid the required filing fee. See 28 U.S.C. §§ 1914(a),
24
1915(a). Petitioner will be provided the opportunity to submit either a completed application to
25
proceed in forma pauperis, with the required certification, or pay the appropriate filing fee. As to
26
the certification requirement, while a copy of petitioner’s prison trust account statement certified
1
1
by prison officials is not required to satisfy the requirement, such a statement will suffice.
2
Petitioner is warned that failure to comply with this order may result in the dismissal of this
3
action for lack of prosecution and failure to comply with court rules and orders. See Local Rule
4
110.
5
Accordingly, IT IS HEREBY ORDERED that:
6
1.
Petitioner shall submit on the form provided by the Clerk of the Court,
7
within 30 days from the date of this order, a complete application for leave to proceed in forma
8
pauperis, with the certification required by Rule 3(a)(2), or pay the appropriate filing fee; and
9
10
2.
The Clerk of the Court is directed to send petitioner a new form
Application to Proceed In Forma Pauperis By a Prisoner.
11
12
13
14
15
DATED: June 6, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
16
17
18
19
20
21
22
23
24
25
26
2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
