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Ortega v. Clark

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 12, 2009

ANDRE LUIS ORTEGA, PETITIONER,
v.
KEN CLARK, WARDEN, RESPONDENT.

ORDER

Petitioner, a prisoner without counsel, has filed a petition for a writ of habeas corpus. See 28 U.S.C. § 2254. On December 11, 2008, the court ordered petitioner to either pay the filing fee or request leave of court to proceed in forma pauperis. The Clerk of the Court mailed petitioner a form application for leave to proceed in forma pauperis. The court also warned petitioner that his failure to return the completed form within 30 days would result in a recommendation that this action be dismissed.

On January 14, 2009, petitioner requested an extension of time to file his application to proceed in forma pauperis. See Fed. R. Civ. P. 6(b). Subsequently, on January 20, 2009, petitioner filed a certified copy of his trust fund account statement, but failed to file an application to proceed in forma pauperis. See 28 U.S.C. § 1915(a). On February 24, 2009, the court granted petitioner's request for an extension of time and ordered petitioner to file his completed application for leave to proceed in forma pauperis within 30 days.

On March 5, 2009, petitioner filed an application to proceed in forma pauperis, but he failed to sign it.

Within 30 days from the day this order is served, petitioner may submit either the filing fee or the application required by section 1915(a). This is the third time the court has had to advise petitioner of the requirements for filing an application to proceed in forma pauperis. Petitioner's failure to comply completely with this order will result in a recommendation that this action be dismissed. The Clerk of the Court is directed to mail to petitioner a form application for leave to proceed in forma pauperis.

So ordered.

20090312

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