Johnson v. US Attorney General

Filing 4

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/9/2011 ORDERING that petitioner's 3 motion to proceed IFP is DENIED; petitioner has 30 days to submit the $5.00 filing fee. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VERNELL JOHNSON

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Petitioner,

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No. CIV S-11-2418 CKD P

vs.
U.S. ATTORNEY GENERAL

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Respondent.

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

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habeas corpus pursuant to 28 U.S.C. § 2254, together with an application to proceed in forma

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pauperis.

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Examination of the in forma pauperis application reveals that petitioner is able to

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afford the costs of suit. According to petitioner’s affidavit submitted in support of his

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application, he had a balance of $636.60 as of August 26, 2011, eighteen days before he filed his

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petition. The fee for filing a habeas action is only $5.00. Accordingly, the motion to proceed in

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forma pauperis will be denied. See 28 U.S.C. § 1915(a).

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Petitioner will have thirty days from the entry of this order in which to submit the

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filing fee of $5.00. Failure to submit the fee will result in dismissal of this action under

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Fed.R.Civ.P. 41(b).1

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Petitioner’s motion to proceed in forma pauperis (Docket No. 3) is denied;

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2. Petitioner has thirty days from the entry of this order in which to submit the

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$5.00 filing fee. Failure to submit the fee will result in dismissal of this action under Fed. R.

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Civ. P. 41(b).

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Dated: November 9, 2011

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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john2418.ord

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If petitioner’s financial status has changed such that he cannot afford the cost of filing this
action, he may file a new application to proceed in forma pauperis.
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