Stamos v. Warden - SVSP
Filing
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/7/2011 ORDERING petitioner to submit, within 30 days, an affidavit in support of his request to proceed ifp or the appropriate filing fee; the clerk to send petitioner an ifp form; and petitioner's 9 motion for additional time in which to submit a trust account statement is MOOT. (Yin, K)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JAMES GEORGE STAMOS, JR.
Petitioner,
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vs.
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No. CIV-S-11-2722 KJM CKD P
WARDEN – SALINAS VALLEY STATE PRISON
Respondent.
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ORDER
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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of
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habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has not, however, filed a completed in
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forma pauperis affidavit or paid the required filing fee ($5.00). See 28 U.S.C. §§ 1914(a);
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1915(a). Petitioner did submit an application for in forma pauperis status, which he signed, but
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he did not fill it out with any of the information requested on the form. He has also filed a
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motion for an extension of time in which to obtain a certified statement of his trust account funds
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from the prison trust office. Insofar as this order gives petitioner additional time from this date in
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which to complete the application process, that motion is moot. Petitioner need only submit the
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enclosed application, providing all available information and signatures requested therein, in the
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next thirty days. Petitioner may also submit the $5.00 filing fee instead of the application.
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In accordance with the above, IT IS HEREBY ORDERED that:
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1. Petitioner shall submit, within thirty days from the date of this order, an
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affidavit in support of his request to proceed in forma pauperis or the appropriate filing fee;
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petitioner’s failure to comply with this order will result in the dismissal of this action.
2. The Clerk of the Court is directed to send petitioner a copy of the in forma
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pauperis form used by this district.
3. Petitioner’s motion for additional time in which to submit a prison trust
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account statement (Docket No. 9) is moot.
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Dated: November 7, 2011
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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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stam2722.101
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