Opinion
2:22-cv-1107 WBS CKD P
11-18-2022
KAYRAN MOHAMMAD OSKUIE, Petitioner, v. EOP, Respondent.
ORDER
WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE
Petitioner, a California detainee proceeding pro se, has filed a motion asking that the court reconsider the October 6, 2022 order dismissing this case for petitioner's failure to pay the filing fee or submit a motion for leave to proceed in forma pauperis. A review of internal court records reveals that the court received a check for $505 on July 25, 2022 for satisfaction of the filing fee for this action. Since the filing fee is only $5.00, the check was returned to petitioner. Because it appears petitioner's failure to comply with the court's June 30, 2022 order that he either pay the $5.00 filing fee for this action or submit a request to proceed in forma pauperis was not intentional, judgment will be vacated, and petitioner will be given one more opportunity to comply with that order.
Accordingly, IT IS HEREBY ORDERED that:
1. Petitioner's motion for reconsideration (ECF No. 9) is granted. The Judgment entered on October 6, 2022 (ECF No. 8) is hereby vacated.
2. Within 30 days, petitioner shall submit a request to proceed in forma pauperis on the form provided by the Clerk of the Court or the $5.00 filing fee. Petitioner's failure to comply with this order will result in dismissal.
3. The Clerk of the Court is directed to send petitioner a copy of the in forma pauperis form used by this district.