Lathan v. Swarthout

Full title: RICHARD LATHAN, Petitioner, v. GARY SWARTHOUT, Respondent

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

Date published: Jan 12, 2011

No. CIV S-11-0027 EFB P (E.D. Cal. Jan. 12, 2011)

Opinion

No. CIV S-11-0027 EFB P.

January 12, 2011

ORDER

EDMUND BRENNAN, Magistrate Judge

Petitioner, a prisoner without counsel, has filed a petition for a writ of habeas corpus. See 28 U.S.C. § 2254.

A petitioner seeking a writ of habeas corpus either must pay the $5.00 filing fee, see 28 U.S.C. § 1914(a), or request leave of court to proceed in forma pauperis, 28 U.S.C. § 1915(a).

Petitioner has neither paid the fee nor submitted an application for leave to proceed in forma pauperis.

Within 30 days from the day this order is served, petitioner may submit either the filing fee or the application required by section 1915(a). Petitioner's failure to comply with this order will result in a recommendation that this action be dismissed. The Clerk of the Court is directed to mail to petitioner a form application for leave to proceed in forma pauperis.

So ordered.

DATED: January 11, 2011.