(HC) Nunez v. Cornwell, No. 2:2019cv00236 - Document 7 (E.D. Cal. 2019)

Court Description: ORDER signed by Magistrate Judge Edmund F. Brennan on 4/18/2019 DISREGARDING the unsigned 6 objections. Petitioner has 30 days to file an application to proceed ifp. The Clerk shall mail petitioner an ifp application form. Should petitioner fail to timely comply, the findings and recommendations will be submitted to the district judge for consideration. (Yin, K)

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(HC) Nunez v. Cornwell Doc. 7 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 ABELINO NUNEZ, 11 12 13 No. 2:19-cv-0236-JAM-EFB P Petitioner, v. ORDER KEVIN M. CORNWALL, 14 Respondent. 15 16 Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to 17 28 U.S.C. § 2254. On March 28, 2019, the court issued findings and recommendations, which 18 recommended dismissal of this action after petitioner failed to pay the filing fee required by 28 19 U.S.C. § 1914(a) or request leave to proceed in forma pauperis and submit the affidavit and trust 20 account statement required by 28 U.S.C. § 1915(a). ECF No. 5. Thereafter, objections were 21 purportedly filed on petitioner’s behalf. ECF No. 6. Petitioner, however, did not sign the 22 objections and as a result, they must be disregarded. See Fed. R. Civ. P. 11(a). In an abundance 23 of caution, the court will grant petitioner an extension of time to file an application for leave to 24 proceed in forma pauperis. 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. 27 2. Petitioner has 30 days from the date of this order to file an application for leave to 28 The unsigned objections (ECF No. 6) are disregarded; and proceed in forma pauperis. The Clerk of the Court is directed to mail to petitioner a 1 Dockets.Justia.com 1 form application for leave to proceed in forma pauperis. Should petitioner fail to 2 timely comply, the findings and recommendations will be submitted to the district 3 judge for consideration. 4 DATED: April 18, 2019. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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