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West v. Yates

United States District Court, E.D. California
Feb 3, 2006
1:05-CV-1311 AWI TAG HC (E.D. Cal. Feb. 3, 2006)

Opinion

1:05-CV-1311 AWI TAG HC.

February 3, 2006


ORDER TO SUBMIT NEW APPLICATION TO PROCEED IN FORMA PAUPERIS AND CERTIFIED COPY OF TRUST ACCOUNT STATEMENT OR PAY FILING FEE


Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 together with an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915, and a one-month certified copy of his prison trust account. However, petitioner's application to proceed in forma pauperis did not include the required original signature by an authorized officer of the institution of incarceration. Additionally, petitioner has not filed a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the petition. See 28 U.S.C. § 1915(a)(2). Petitioner will be provided the opportunity to submit a new application to proceed in forma pauperis and a certified copy of his trust account statement or pay the $5.00 filing fee.

Accordingly, IT IS HEREBY ORDERED that:

1. The Clerk's Office shall send to petitioner the form for application to proceed in forma pauperis.

2. Within thirty days of the date of service of this order, petitioner shall submit a completed application to proceed in forma pauperis and a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the petition, or in the alternative, pay the $5.00 filing fee for this action. Failure to comply with this order will result in a recommendation that this action be dismissed.

IT IS SO ORDERED.


Summaries of

West v. Yates

United States District Court, E.D. California
Feb 3, 2006
1:05-CV-1311 AWI TAG HC (E.D. Cal. Feb. 3, 2006)
Case details for

West v. Yates

Case Details

Full title:JOHN E. WEST, Petitioner, v. JAMES YATES, et al., Respondent

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

Date published: Feb 3, 2006

Citations

1:05-CV-1311 AWI TAG HC (E.D. Cal. Feb. 3, 2006)