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Rasheed v. Warden

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


October 18, 2010

TAHEE ABDULLAH RASHEED, PETITIONER,
v.
WARDEN, 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. On August 31, 2010, 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.

Rather than submit an in forma pauperis application or the filing fee, petitioner has filed a document with the court indicating that he requested that the prison trust office forward the $5.00 filing fee to the court. Dckt. No. 5. The court has not received a filing fee, however. It is petitioner's responsibility to ensure that the court receives either the filing fee or a proper in forma pauperis application.

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). Petitioner's failure to comply with this order will result dismissal of this action. The Clerk of the Court is directed to mail to petitioner a form application for leave to proceed in forma pauperis.

So ordered.

20101018

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