Ricord Huber v. Lizarraga

Filing 9

ORDER signed by Magistrate Judge Deborah Barnes on 3/9/2017 ORDERING, within 20 days, petitioner shall submit the appropriate filing fee.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICORD D. HUBER,

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No. 2:17-cv-0292 DB P

Petitioner,

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v.

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J. LIZARRAGA,

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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 has filed an in forma pauperis affidavit which shows that at the time he filed
this action, he had over $13,500 in his prison trust account.
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 in petitioner's trust account shows that petitioner is able to pay the filing fee

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

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Carson Adult High Sch., 9 F.3d 1448 (9th Cir. 1993). Petitioner will therefore be granted twenty

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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 days from the date of this

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order, petitioner shall submit the appropriate filing fee.

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Dated: March 9, 2017

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DLB:9
DLB1/prisoner-habeas/Hube0292.101c

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