Whalen v. Warden of San Quentin

Filing 10

ORDER GRANTING 4 Application to Proceed In Forma Pauperis, signed by Magistrate Judge Stanley A. Boone on 12/29/2014. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL LEE WHALEN,

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Case No. 1:14-cv-01865-LJO-SAB

Petitioner,

DEATH PENALTY CASE

v.

ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS

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(ECF NO. 4)

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WARDEN, California State Prison at San
Quentin,
Respondent.

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On November 21, 2014, Daniel Lee Whalen (“Petitioner”), a state prisoner facing

21 capital punishment, commenced this action pursuant to 28 U.S.C. § 2254 by filing an
22 application for appointment of attorney A. Richard Ellis to represent him. On December 1,
23 2014, attorney Ellis filed on Petitioner’s behalf an application to proceed in forma pauperis.
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On December 4, 2014, the Court ordered Petitioner’s in forma pauperis application held

25 under submission pending filing with the Court a certificate from the prison stating the amount
26 on deposit in his inmate trust accounts. Attorney Ellis filed Petitioner’s prison trust fund
27 certificate on December 26, 2014.
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Rule 3(a) of the Rules Governing § 2254 Cases in the United States District Courts

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2 provides that a petitioner seeking in forma pauperis status shall file an affidavit of assets as
3 required by 28 U.S.C. § 1915. Rule 3(a) also requires a certificate from the prison stating the
4 amount on deposit in the petitioner’s accounts.
The Court finds Petitioner’s affidavit appended to his in forma pauperis application

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6 along with his trust fund certificate and attached inmate statement report satisfy the foregoing
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Accordingly, it is HEREBY ORDERED that Petitioner’s application to proceed in

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9 forma pauperis (ECF No. 4) is GRANTED.
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IT IS SO ORDERED.

13 Dated:

December 29, 2014
UNITED STATES MAGISTRATE JUDGE

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