IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 9, 2009
ALBERTO TORRES, PETITIONER,
D.K. SISTO, RESPONDENT.
The opinion of the court was delivered by: Gregory G. Hollows United States 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. 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.
Petitioner has not filed a petition for writ of habeas corpus. Instead, he has filed a motion to stay this action pending exhaustion of additional remedies. In order for the court to consider this motion, he must file a habeas corpus petition containing his exhausted and unexhausted claims.
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 the dismissal of this action; and
2. Petitioner is granted thirty days from the date of this order to file a habeas corpus petition;
3. The Clerk of the Court is directed to send petitioner a copy of the in forma pauperis form used by this district and the form for a 28 U.S.C. § 2254 habeas corpus petition.
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