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Winfield v. Parks

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


September 2, 2010

PAUL WINFIELD, PETITIONER,
v.
RICHARD PARKS, ET AL., RESPONDENTS.

ORDER

Petitioner, a prisoner without counsel, has filed a petition for a writ of habeas corpus. See 28 U.S.C. § 2254.

A petitioner seeking a writ of habeas corpus either must pay the $5.00 filing fee, see 28 U.S.C. § 1914(a), or request leave of court to proceed in forma pauperis, 28 U.S.C. § 1915(a). Petitioner has neither paid the fee nor submitted an application for leave to proceed in forma pauperis.

On July 15, 2010, the court ordered petitioner to submit either the filing fee or the application required by section 1915(a) within 30 days, and warned petitioner that his failure to comply with this order would result in a recommendation that this action be dismissed. On August 5, 2010, petitioner filed a letter stating that he had tried to get the certificate filled out but was "having a hard time." The court construes petitioner's letter as a request for an extension of time, and grants petitioner an additional 30 days to comply with the court's July 15, 2010 order.

Accordingly, it is hereby ORDERED that:

1. Within 30 days of the date of this order, petitioner must submit either the filing fee or the application required by section 1915(a); and

2. The Clerk of the Court is directed to mail to petitioner another form application for leave to proceed in forma pauperis.

20100902

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