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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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Case No. C-05-05168-RMW

ANTOINE SMITH,

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Petitioner,

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ORDER GRANTING MOTION TO
APPEAL IN FORMA PAUPERIS

v.
RICHARD KIRKLAND, Warden,

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Respondent.

[Re Docket No. 26, 39]

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Petitioner Antoine Smith, a prisoner currently incarcerated at California State Prison,

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Solano, appeals the dismissal of his habeas corpus petition. The court decides this petition

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pursuant to Rule 24 of the Federal Rules of Appellate Procedure. Although the court previously

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denied Smith's motion to proceed in forma pauperis in his petition for a writ of habeas corpus, the

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filing fee was only $5. Dkt. No. 11. The filing fee for his appeal is $455. Smith's average

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monthly income between January and July of 2012—the most recent provided to the court—was

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$18.10. As Smith clearly cannot pay the fee, the court GRANTS Smith's motion to proceed in

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forma pauperis.

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Dated: March 18, 2013
Ronald M. Whyte
United States District Court Judge

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ORDER
CASE NO. C-05-05168-RMW

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