Sandhu v. Davis

Filing 5

ORDER signed by Magistrate Judge Deborah Barnes on 8/2/2017 GRANTING 3 Motion to Proceed IFP and DISMISSING this action without prejudice. CASE CLOSED. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HARWINDER SINGH SANDHU,

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No. 2:17-cv-0482 DB P

Petitioner,
v.

ORDER

RON DAVIS,

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Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma pauperis

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pursuant to 28 U.S.C. § 1915. Petitioner has consented to the jurisdiction of a magistrate judge.

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(ECF No. 4.)

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Examination of the in forma pauperis affidavit reveals that petitioner is unable to afford

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the costs of suit. Accordingly, the request for leave to proceed in forma pauperis will be granted.

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See 28 U.S.C. § 1915(a).

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The court’s records reveal that petitioner has previously filed an application for a writ of

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habeas corpus attacking the conviction and sentence challenged in this case. The previous

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application was filed on October 20, 2014, and was denied on the merits on January 12, 2015.

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See Sandhu v. Chappell, No. 2:14-cv-2459 KJN (E.D. Cal.). Before petitioner can proceed with

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the instant application, he must move in the United States Court of Appeals for the Ninth Circuit
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for an order authorizing the district court to consider the application. 28 U.S.C. § 2244(b)(3).

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Therefore, petitioner’s application must be dismissed without prejudice to its re-filing upon

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obtaining authorization from the United States Court of Appeals for the Ninth Circuit.

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In accordance with the above, IT IS HEREBY ORDERED as follows:

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1.

Petitioner’s application to proceed in forma pauperis (ECF No. 3) is granted; and

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2.

This action is dismissed without prejudice.

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Dated: August 2, 2017

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DLB:9
DLB1/prisoner-habeas/sand0482.succ

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