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Dewey Joe Duff v. Death Penalty Case Warden

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


June 12, 2012

DEWEY JOE DUFF, PETITIONER,
v.
DEATH PENALTY CASE WARDEN, SAN QUENTIN STATE PRISON, RESPONDENT.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Petitioner, a condemned state prisoner proceeding pro se, has filed an application for a writ of habeas corpus. On May 16, 2012, petitioner was directed to pay the filing fee or submit an application to proceed in forma pauperis. Petitioner has now filed a request for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Petitioner has not, however, filed a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the petition AND/OR obtained the certification required on the application form. See 28 U.S.C. § 1915(a)(2). Therefore, petitioner will be provided the opportunity to submit the completed application and/or the certified copy in support of his application to proceed in forma pauperis.

In accordance with the above, IT IS HEREBY ORDERED that:

1. Petitioner shall submit, within thirty days from the date of this order, a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the complaint AND/OR the certification required on the application form. Petitioner's failure to comply with this order will result in a recommendation that this action be dismissed without prejudice.

2. The Clerk of the Court is directed to send petitioner a new Application to Proceed In Forma Pauperis By a Prisoner.

20120612

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