Bradshaw v. Montgomery

Filing 6

ORDER Granting Petitioner's 2 Motion to Proceed in Forma Pauperis, signed by Magistrate Judge Stanley A. Boone on 10/18/16. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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SHAWN G. BRADSHAW,

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Case No. 1:16-cv-01568-SAB-HC
ORDER GRANTING PETITIONER’S
APPLICATION TO PROCEED IN FORMA
PAUPERIS

Petitioner,
v.
WIL MONTGOMERY,

(ECF No. 2)

Respondent.

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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus

18 pursuant to 28 U.S.C. § 2254.
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On October 13, 2016, Petitioner filed the instant petition in the Sacramento Division of

20 the United States District Court for the Eastern District of California. (ECF No. 1). Petitioner
21 also filed an application to proceed in forma pauperis the same day. (ECF No. 2). On October
22 17, 2016, the Sacramento Division transferred this action to this Court. (ECF No. 4).
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The determination of applications to proceed in forma pauperis is governed by 28 U.S.C.

24 § 1915. In order to proceed in court without prepayment of the filing fee, Petitioner must submit
25 an affidavit demonstrating that he “is unable to pay such fees or give security therefor.” 28
26 U.S.C. § 1915(a)(1). Although there is no set formula to determine whether a certain income
27 level meets the poverty threshold under § 1915(a)(1), courts have looked to the federal poverty
28 guidelines developed each year by the Department of Health and Human Services. See Lint v.

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1 City of Boise, Civil Action No. 09-72-S-EJL, 2009 WL 1149442, at *2 (D. Idaho Apr. 28, 2009);
2 Johnson v. Leohane, Civil Action No. 08-00432-ACK-KSC, 2008 WL 4527065, at *1 (D. Haw.
3 Oct. 9, 2008); Johnson v. Spellings, 579 F.Supp.2d 188, 191 (D.D.C. 2008).
The Court has evaluated whether Petitioner meets the standard to proceed in forma

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5 pauperis according to 28 U.S.C. § 1915. Based upon the information in his application to
6 proceed in forma pauperis, the Court finds that Petitioner is indigent and unable to pay the filing
7 fee. Accordingly, Petitioner’s application to proceed in forma pauperis is GRANTED.
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IT IS SO ORDERED.

10 Dated:

October 18, 2016
UNITED STATES MAGISTRATE JUDGE

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