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Lester C. Russell v. Rochelle Hao

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


December 6, 2010

LESTER C. RUSSELL, PETITIONER,
v.
ROCHELLE HAO, RESPONDENT.

ORDER

Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. On September 30, 2010, the undersigned recommended that this action be dismissed because petitioner has not paid the filing fee or filed a completed in forma pauperis application. Dckt. No. 8. On October 27, 2010, petitioner filed a letter with the court, stating that he was transferred to a new prison, has been without his personal property, and has not had access to a pen or paper. Dckt. No. 11. Petitioner therefore requests "more time." Id. The court construes petitioner's letter as a request for an extension of time to either pay the filing fee or file a completed in forma pauperis application. See Fed. R. Civ. P. 6(b).

Good cause appearing, it is ORDERED that petitioner's October 27, 2010 letter, construed as a request for an extension of time, is granted and petitioner has 30 days from the date this order is served to either pay the filing fee or file a completed in forma pauperis application. Should petitioner fail to comply with this order, the September 30, 2010 findings and recommendations will be submitted to the District Judge. The Clerk of the Court is directed to mail to petitioner a form application for leave to proceed in forma pauperis.

20101206

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