Gutierrez v. Wofford

Filing 3

ORDER GRANTING 2 Motion to Proceed IFP signed by Magistrate Judge Erica P. Grosjean on 12/17/15. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ORLANDO GUTIERREZ,

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Case No. 1:15-cv-01848-EPG-HC
ORDER GRANTING PETITIONER’S
APPLICATION TO PROCEED IN FORMA
PAUPERIS

Petitioner,
v.
C. WOFFORD, Warden,

(ECF No. 2)

Respondent.

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Petitioner Orlando Gutierrez is a state prisoner proceeding pro se with a petition for writ

18 of habeas corpus pursuant to 28 U.S.C. § 2254. On December 10, 2015, Petitioner filed the
19 instant petition in this Court. (ECF No. 1). Petitioner also filed an application to proceed in
20 forma pauperis the same day. (ECF No. 2).
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Title 28, United States Code, Section 1915 governs the determination of applications to

22 proceed in forma pauperis. In order to proceed in court without prepayment of the filing fee,
23 Petitioner must submit an affidavit demonstrating that he “is unable to pay such fees or give
24 security therefor.” 28 U.S.C. § 1915(a)(1). Although there is no set formula to determine whether
25 a certain income level meets the poverty threshold under Section 1915(a)(1), courts have looked
26 to the federal poverty guidelines developed each year by the Department of Health and Human
27 Services. See Lint v. City of Boise, Civil Action No. 09-72-S-EJL, 2009 WL 1149442, at *2 (D.
28 Idaho Apr. 28, 2009); Johnson v. Leohane, Civil Action No. 08-00432-ACK-KSC, 2008 WL

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1 4527065, at *1 (D. Haw. Oct. 9, 2008); Johnson v. Spellings, 579 F.Supp.2d 188, 191 (D.D.C.
2 2008).
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The Court has evaluated whether Petitioner meets the standard to proceed in forma

4 pauperis according to Title 28, United States Code, Section 1915. Based upon the information in
5 his application to proceed in forma pauperis, the Court finds that Petitioner is indigent and
6 unable to pay the filing fee.
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Accordingly, Petitioner’s application to proceed in forma pauperis is GRANTED.

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IT IS SO ORDERED.
Dated:

December 17, 2015

/s/
UNITED STATES MAGISTRATE JUDGE

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