Opinion
2:22-cv-01567-RFB-VCF
10-26-2022
JAMEL GIBBS, Petitioner, v. GABRIELA NAJERA, et al., Respondents.
ORDER
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE
Jamel Gibbs has submitted a pro se 28 U.S.C. § 2254 petition for writ of habeas corpus. (ECF Nos. 1-1, 1-2). He has filed an application to proceed in forma pauperis but he has failed to include the required signed financial certificate and inmate account statements. Accordingly, this matter has not been properly commenced. 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2.
This action therefore is subject to dismissal without prejudice as improperly commenced. However, the court will give petitioner 60 days to either (1) pay the $5.00 filing fee or (2) submit a completed and signed financial certificate and the required inmate account statements. Failure to do so may result in the dismissal of this action without prejudice.
IT IS THEREFORE ordered that within 60 days of the date of this order petitioner must either pay the $5.00 filing fee or submit a financial certificate and inmate account statements.
IT IS FURTHER ORDERED that if petitioner fails to comply with this order, this action may be dismissed without prejudice.
IT IS FURTHER ORDERED that the Clerk of Court SEND to petitioner one copy of the application to proceed in forma pauperis for incarcerated persons, with instructions.