Morris v. Swarthout

Filing 10

ORDER signed by Magistrate Judge Craig M. Kellison on 4/23/2014 DENYING petitioner's 4 , 8 applications to proceed IFP; and petitioner shall pay the $5.00 filing fee within 30 days.(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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SIMCO MORRIS,
Petitioner,

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vs.

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No. 2:12-CV-2116-CMK-P

ORDER

GARY SWARTHOUT,
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. Petitioner has consented to Magistrate Judge

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jurisdiction pursuant to 28 U.S.C. § 636(c) and no other party has been served or appeared in the

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action.

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Pending before the court is petitioner’s application for leave to proceed in forma

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pauperis (Docs. 4,8). Under 28 U.S.C. § 1915(a), the court may grant in forma pauperis status to

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

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

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reflecting that he has had an average monthly balance of $114.38 and average monthly deposits

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in the amount of $186.77. Given the available funds in his prison trust account, the court cannot
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find that petitioner is unable to pay the $5.00 filing fee. Therefore, petitioner’s application for

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leave to proceed in forma pauperis will be denied and petitioner shall be required to pre-pay the

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filing fee before this action can proceed. Petitioner is cautioned that failure to pay the filing fee

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within the time provided by this order may result in dismissal of the action. See Local Rule 110.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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are denied; and

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Petitioner’s applications for leave to proceed in forma pauperis (Docs. 4,8)

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Petitioner shall pay the $5.00 filing fee within 30 days of the date of this

order.

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DATED: April 23, 2014
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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