(HC) Thao v. Swarthouth, No. 2:2009cv03572 - Document 9 (E.D. Cal. 2010)

Court Description: ORDER signed by Magistrate Judge Edmund F. Brennan on 05/11/10 vacating 7 FINDINGS AND RECOMMENDATIONS. The court will rule on plaintiff's application to proceed in forma pauperis and screen the case pursuant to Rule 4 of the rules governing 2254 cases in due course. (Plummer, M)

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(HC) Thao v. Swarthouth Doc. 9 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHARLIE CHONG THAO, Petitioner, 11 12 13 14 No. CIV S-09-3572 EFB P vs. WARDEN SWARTHOUTH, ORDER Respondent. / 15 16 Petitioner is a prisoner proceeding without counsel seeking a writ of habeas corpus. See 17 28 U.S.C. § 2254. This proceeding was referred to this court by Local Rule 302 pursuant to 28 18 U.S.C. § 636(b)(1). 19 On January 5, 2010, the court found that petitioner had failed to pay the filing fee 20 required by 28 U.S.C. § 1914(a) or a request to proceed in forma pauperis pursuant to 28 U.S.C. 21 § 1915(a). Petitioner was granted thirty days in which to pay the filing fee or file an application 22 to proceed in forma pauperis and was warned that failure to comply would result in a 23 recommendation that this action be dismissed. 24 The 30-day period expired without petitioner submitting the filing fee, a completed in 25 forma pauperis application, or any other response to the court’s order. Accordingly, the 26 undersigned recommended on March 18, 2010 that the action be dismissed without prejudice. 1 Dockets.Justia.com 1 However, on April 14, 2010, petitioner submitted a Motion to Proceed In Forma Pauperis. The 2 court therefore vacates the Order and Findings and Recommendations dated March 18, 2010. 3 The court will rule on plaintiff’s application to proceed in forma pauperis and screen the case 4 pursuant to Rule 4 of the Rules Governing § 2254 cases in due course. 5 6 So ordered. Dated: May 11, 2010. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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