Smith v. Gipson

Full title: MICHAEL L. SMITH, Petitioner, v. C. GIPSON, Respondent.

Court: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Date published: Jul 25, 2012

No. 2:12-cv-1865 CKD P (E.D. Cal. Jul. 25, 2012)

Opinion

No. 2:12-cv-1865 CKD P

07-25-2012

MICHAEL L. SMITH, Petitioner, v. C. GIPSON, Respondent.

CAROLYN K. DELANEY

ORDER

Petitioner, a state prisoner proceeding pro se, 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). 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 a recommendation that this action be dismissed; and

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

_________________

CAROLYN K. DELANEY

UNITED STATES MAGISTRATE JUDGE