Ward v. Price

Filing 5

ORDER signed by Magistrate Judge Kendall J. Newman on 8/9/2016 ORDERING petitioner shall submit the appropriate filing fee within 21 days.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSEPH LEE WARD,

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No. 2:16-cv-1406 KJN P

Petitioner,

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v.

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J. PRICE,

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ORDER

Respondent.

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Petitioner, a state prisoner, is proceeding pro se with an application for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254.
Petitioner filed an in forma pauperis affidavit and a certified prison trust account

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statement. These documents reflect that petitioner had a balance of $13,581.80, and that his

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average balance over the last six months was $12,395.59.

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Pursuant to federal statute, a filing fee of $5.00 is required to commence a habeas corpus

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action in federal district court. 28 U.S.C. § 1914(a). The court may authorize the commencement

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of an action “without prepayment of fees and costs or security therefor, by a person who makes

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affidavit that he is unable to pay such costs or give security therefor.” 28 U.S.C. § 1915(a).

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The amount of petitioner’s earnings shows that petitioner is able to pay the filing fee and

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costs. Thus, petitioner has made an inadequate showing of indigency. See Alexander v. Carson

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Adult High Sch., 9 F.3d 1448 (9th Cir. 1993). Petitioner will therefore be granted twenty-one
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days in which to submit the appropriate filing fee to the Clerk of the Court. Petitioner is

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cautioned that failure to pay the fee will result in a recommendation that the application to

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proceed in forma pauperis be denied and the instant action be dismissed without prejudice.

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Accordingly, IT IS HEREBY ORDERED that, within twenty-one days from the date of

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this order, petitioner shall submit the appropriate filing fee.

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Dated: August 9, 2016

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/ward1406.101c

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