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Stith v. McComber

United States District Court, Ninth Circuit, California, E.D. California
Mar 23, 2015
2:15-cv-0504 DAD P (E.D. Cal. Mar. 23, 2015)

Opinion


THEODORE ERVIN STITH, Petitioner, v. JEFFREY McCOMBER, Respondent. No. 2:15-cv-0504 DAD P United States District Court, E.D. California. March 23, 2015

          ORDER

          DALE A. DROZD, Magistrate Judge.

         Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, together with a request for leave to proceed in forma pauperis. Petitioner has not submitted his in forma pauperis request on a proper form.

         Petitioner's request for leave to proceed in forma pauperis will be denied, and petitioner will be granted thirty days to submit a new request on a proper form. Petitioner is cautioned that the form includes a section that must be completed by a prison official, and the application form must be accompanied by a certified copy of petitioner's prison trust account statement for the six-month period immediately preceding the filing of this action.

         Accordingly, IT IS HEREBY ORDERED that:

         1. Petitioner's March 2, 2015 request for leave to proceed in forma pauperis (ECF No. 2) is denied without prejudice;

         2. The Clerk of the Court is directed to send petitioner an Application to Proceed In Forma Pauperis By a Prisoner; and

         3. Petitioner shall submit, within thirty days from the date of this order, a properly completed application to proceed in forma pauperis on the form provided with this order; petitioner is cautioned that failure to comply with this order or seek an extension of time to do so will result in a recommendation that this action be dismissed without prejudice.


Summaries of

Stith v. McComber

United States District Court, Ninth Circuit, California, E.D. California
Mar 23, 2015
2:15-cv-0504 DAD P (E.D. Cal. Mar. 23, 2015)
Case details for

Stith v. McComber

Case Details

Full title:THEODORE ERVIN STITH, Petitioner, v. JEFFREY McCOMBER, Respondent.

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

Date published: Mar 23, 2015

Citations

2:15-cv-0504 DAD P (E.D. Cal. Mar. 23, 2015)