Pennington v. Lewis

Filing 6

ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUERIS; ORDER DIRECTING PETITIONER TO PAY THE FILING FEE BY OCTOBER 1, 2013. Signed by Judge Richard Seeborg on 8/26/13. (Attachments: # 1 Certificate/Proof of Service)(cl, COURT STAFF) (Filed on 8/26/2013)

1
2
*E-Filed 8/26/13*

3
4
5
6
7

UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9

SAN FRANCISCO DIVISION

10
11

DIETRICH PENNINGTON,

12
13
14

United States District Court
For the Northern District of California

15

No. C 13-1725 RS (PR)

Petitioner,

ORDER DENYING APPLICATION
TO PROCEED IN FORMA
PAUPERIS;

v.
G. LEWIS, Warden,

ORDER DIRECTING PETITIONER
TO PAY THE FILING FEE BY
OCTOBER 1, 2013

Respondent.

16

/

17
18

This is a federal habeas corpus action filed pursuant to 28 U.S.C. § 2254 by a pro se

19

state prisoner. Presently before the Court is petitioner’s application to proceed in forma

20

pauperis (“IFP”). (See Docket No. 5.)

21

In support of such application, petitioner submitted a Certificate of Funds in

22

Prisoner’s Account signed by an authorized state official. The Certificate of Funds shows

23

that the average deposits to petitioner’s account for the six months preceding the filing of the

24

IFP application were $83.38, and the average balance in petitioner’s account for the same

25

time period was $301.59.

26
27
28

Based on the above, the Court finds that petitioner is able to afford the $5.00 filing fee
in this action. Accordingly, petitioner’s application to proceed IFP is DENIED. Petitioner
No. C 13-1725 RS (PR)
ORDER DENYING IFP APPLICATION

1

shall pay the $5.00 filing fee in this matter by submitting such payment to the Clerk of the

2

Court on or before October 1, 2013. Petitioner’s failure to do so will result in the dismissal

3

of this action for failure to prosecute under Federal Rule of Civil Procedure 41(b), and

4

without further notice to petitioner.

5

Petitioner’s motion for the appointment of counsel (Docket No. 2) is DENIED without

6

prejudice. Petitioner may refile this motion when he pays his filing fee. This order

7

terminates Docket Nos. 2 and 5.

8
9

IT IS SO ORDERED.
DATED: August 26, 2013
RICHARD SEEBORG
United States District Judge

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

No. C 13-1725 RS (PR)
ORDER DENYING IFP APPLICATION