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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICORD D. HUBER, 12 No. 2:17-cv-0292 DB P Petitioner, 13 v. 14 J. LIZARRAGA, 15 ORDER Respondent. 16 17 18 19 20 21 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 22 action in federal district court. 28 U.S.C. § 1914(a). The court may authorize the commencement 23 of an action “without prepayment of fees and costs or security therefor, by a person who makes 24 affidavit that he is unable to pay such costs or give security therefor.” 28 U.S.C. § 1915(a). 25 The amount in petitioner's trust account shows that petitioner is able to pay the filing fee 26 and costs. Thus, petitioner has made an inadequate showing of indigency. See Alexander v. 27 Carson Adult High Sch., 9 F.3d 1448 (9th Cir. 1993). Petitioner will therefore be granted twenty 28 days in which to submit the appropriate filing fee to the Clerk of the Court. Petitioner is 1 1 cautioned that failure to pay the fee will result in a recommendation that the application to 2 proceed in forma pauperis be denied and the instant action be dismissed without prejudice. 3 Accordingly, IT IS HEREBY ORDERED that, within twenty days from the date of this 4 order, petitioner shall submit the appropriate filing fee. 5 Dated: March 9, 2017 6 7 8 9 DLB:9 DLB1/prisoner-habeas/Hube0292.101c 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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