Smith v. Kirkland

Filing 40

ORDER by Judge Whyte granting 26 39 Motion for Leave to Appeal in Forma Pauperis. (rmwlc2, COURT STAFF) (Filed on 3/18/2013)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 Case No. C-05-05168-RMW ANTOINE SMITH, 12 Petitioner, 13 14 ORDER GRANTING MOTION TO APPEAL IN FORMA PAUPERIS v. RICHARD KIRKLAND, Warden, 15 Respondent. [Re Docket No. 26, 39] 16 Petitioner Antoine Smith, a prisoner currently incarcerated at California State Prison, 17 18 Solano, appeals the dismissal of his habeas corpus petition. The court decides this petition 19 pursuant to Rule 24 of the Federal Rules of Appellate Procedure. Although the court previously 20 denied Smith's motion to proceed in forma pauperis in his petition for a writ of habeas corpus, the 21 filing fee was only $5. Dkt. No. 11. The filing fee for his appeal is $455. Smith's average 22 monthly income between January and July of 2012—the most recent provided to the court—was 23 $18.10. As Smith clearly cannot pay the fee, the court GRANTS Smith's motion to proceed in 24 forma pauperis. 25 26 Dated: March 18, 2013 Ronald M. Whyte United States District Court Judge 27 28 ORDER CASE NO. C-05-05168-RMW sw -1-

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