Dugan v. Swarthout

Full title: DAVID DUGAN, Petitioner, v. GARY SWARTHOUT, Respondent

Court: United States District Court, E.D. California

Date published: Jan 31, 2011

No. 2:11-cv-0193 KJN P (E.D. Cal. Jan. 31, 2011)

Opinion

No. 2:11-cv-0193 KJN P.

January 31, 2011

ORDER

KENDALL NEWMAN, Magistrate Judge

Petitioner, a state prisoner proceeding without counsel, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has not, however, filed an in forma pauperis affidavit or paid the required filing fee ($5.00). See 28 U.S.C. §§ 1914(a); 1915(a). Therefore, petitioner will be provided the opportunity to either submit the appropriate affidavit in support of a request to proceed in forma pauperis or submit the appropriate filing fee.

In accordance with the above, IT IS HEREBY ORDERED that:

1. Petitioner shall submit, within thirty days from the date of this order, an affidavit in support of his request to proceed in forma pauperis or the appropriate filing fee; petitioner's failure to comply with this order will result in the dismissal of this action; and

2. The Clerk of the Court is directed to send petitioner a copy of the in forma pauperis form used by this district.

DATED: January 28, 2011