(HC) Bailey v. Warden

Filing 16

ORDER signed by Senior District Judge Kimberly J. Mueller on 10/23/2024 GRANTING 13 Motion to Proceed IFP. (Lopez, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Brent Eugene Bailey,

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No. 2:23-cv-01087-KJM-EFB
Petitioner,

ORDER

v.
Warden,

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Respondent.

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Petitioner Brent Eugene Bailey filed his petition for a writ of habeas corpus in this matter

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in June 2023 and paid the filing fee. The Magistrate Judge later issued findings and

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recommendations that this matter be dismissed without prejudice, and the court adopted that

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recommendation. See F&Rs, ECF No. 7, adopted, ECF No. 10. Petitioner then filed a notice of

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appeal, ECF No. 12, and a motion in this court seeking authorization to proceed in forma pauperis

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on appeal, ECF No. at 13, as required by Federal Rule of Appellate Procedure 24(a)(1).

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According to his affidavit, he has no assets, and his income is composed of gifts of about $200

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per month.

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Petitioner’s application to proceed in forma pauperis meets the requirements of 28 U.S.C.

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§ 1915(a) by showing “he cannot pay the court costs and still afford the necessities of life.”

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Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015). An individual need not be

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“absolutely destitute” to qualify for in forma pauperis status. Adkins v. E.I. Du Pont De Nemours

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& Co., Inc., 335 U.S. 331, 339 (1948).

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The application (ECF No. 13) is granted.

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IT IS SO ORDERED.

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DATED: October 23, 2024.

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