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)

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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

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