Nguyen v. Hill

Filing 7

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 03/22/12 recommending that petitioner's application for leave to proceed in forma pauperis 2 be denied; and petitioner be directed to pay the $5.00 filing fee. MOTION to PROCEED IN FORMA PAUPERIS 2 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN NGUYEN,

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No. CIV S-12-0493-KJM-CMK-P

Petitioner,
vs.

FINDINGS AND RECOMMENDATIONS

RICK HILL,
Respondent.
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Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is petitioner’s application

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for leave to proceed in forma pauperis (Doc. 2).

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Under 28 U.S.C. § 1915(a), the court may grant in forma pauperis status to parties

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who submit an affidavit showing that the party is unable to pay the filing fee. In this case, the

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filing fee is $5.00. Petitioner has submitted a copy of his prison trust account statement

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reflecting that, as of February 6, 2012, he had $561.55 in available funds in his prison trust

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account. Given this balance, the court cannot find that petitioner is unable to pay the $5.00 filing

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fee. Therefore, petitioner’s application for leave to proceed in forma pauperis will be denied and

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petitioner shall be required to pre-pay the filing fee before this action can proceed. Petitioner is
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cautioned that failure to pay the filing fee within the time provided by this order may result in

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dismissal of the action. See Local Rule 110.

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Based on the foregoing, the undersigned recommends that:

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1.

Petitioner’s application for leave to proceed in forma pauperis (Doc. 2) be

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2.

Petitioner be directed to pay the $5.00 filing fee.

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These findings and recommendations are submitted to the United States District

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Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days

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after being served with these findings and recommendations, any party may file written

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denied; and

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objections with the court. Responses to objections shall be filed within 14 days after service of

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objections. Failure to file objections within the specified time may waive the right to appeal.

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See Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: March 22, 2012
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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