Fisher v. Pfiefer

Filing 12

ORDER Granting Petitioner's 11 Motion for Correction; ORDER Modifying Order of August 23, 2017, by Vacating Order Directing CDCR to Collect $350.00 Filing Fee and Granting Petitioner's Motion to Proceed In Forma Pauperis In this Habeas Action, signed by Magistrate Judge Jennifer L. Thurston on 9/22/17. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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AL GENE FISHER, JR.,
Petitioner,

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ORDER GRANTING PETITIONER’S
MOTION FOR CORRECTION [Doc. 11]

Respondent.

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No. 1:17-cv-01050-JLT (HC)

ORDER MODIFYING ORDER OF
AUGUST 23, 2017, BY VACATING ORDER
DIRECTING CDCR TO COLLECT $350.00
FILING FEE AND GRANTING
PETITIONER’S MOTION TO PROCEED
IN FORMA PAUPERIS IN THIS HABEAS
ACTION [Doc. 7]

v.
C. PFEIFER,

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On August 17, 2017, Petitioner filed a motion to proceed in forma pauperis. The Court

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granted the motion on August 23, 2017. However, as noted by Petitioner in his motion for

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correction of September 15, 2017, the order incorrectly stated that Petitioner had filed a civil

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rights complaint when in fact he was proceeding in a habeas corpus action. Consequently, the

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Court’s order incorrectly directed the California Department of Corrections and Rehabilitation

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(“CDCR”) to collect the sum of $350.00 for payment of the filing fee.

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Accordingly, the Court ORDERS:

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1) Petitioner’s motion for correction is GRANTED;

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2) The Court’s order of August 23, 2017, is MODIFIED as follows: 1) The order

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directing the CDCR to collect the $350.00 filing fee is VACATED; and 2) Petitioner
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is authorized to proceed in forma pauperis in this habeas action pursuant to 28 U.S.C.

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§ 1915.

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IT IS SO ORDERED.
Dated:

September 22, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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