(HC) Najera v. Scrivner Doc.

Case 1:06-cv-00336-AWI-TAG Document 3 Filed 04/13/2006 Page 1 of 2

5 IN THE UNITED STATES DISTRICT COURT

6 FOR THE EASTERN DISTRICT OF CALIFORNIA

8 GAMALIEL NAJERA, 1:06-cv-0336-AWI-TAG HC

9 Petitioner,

10 vs. ORDER TO SUBMIT CERTIFIED

COPY OF PRISON TRUST ACCOUNT
11 A. SCRIVNER, STATEMENT OR PAY FILING FEE

12
Respondent.
13 /

14 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of

15 habeas corpus pursuant to 28 U.S.C. § 2254 together with a request for leave to proceed in forma

16 pauperis pursuant to 28 U.S.C. § 1915. Petitioner has not, however, filed a certified copy of his

17 prison trust account statement for the six month period immediately preceding the filing of the

18 petition. See 28 U.S.C. § 1915(a)(2). Petitioner will be provided the opportunity to submit a

19 certified copy of his trust account statement in support of his request to proceed in forma

20 pauperis, or pay the $5.00 filing fee.

21 In accordance with the above, IT IS HEREBY ORDERED that within thirty (30)

22 days of the date of service of this order, petitioner shall submit a certified copy of his prison trust

23 account statement for the six month period immediately preceding the filing of the petition, or in

24 the alternative, pay the $5.00 filing fee for this action.

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 Case 1:06-cv-00336-AWI-TAG Document 3 Filed 04/13/2006 Page 2 of 2

1 Failure to comply with this order will result in a recommendation that this action be

2 dismissed.

4 IT IS SO ORDERED.

5 Dated: April 12, 2006 /s/ Theresa A. Goldner

j6eb3d UNITED STATES MAGISTRATE JUDGE
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