Burns v. Swarthout

Filing 7

ORDER DENYING re 3 MOTION TO LEAVE TO PROCEED IN FORMA PAUPERIS filed by Richard L. Burns. Petitioner must pay the $5 filing fee within thirty (30) days of the date of this order or face dismissal of this action for failure to pay the filing fee. Signed by Judge Edward J. Davila on 4/19/2012. (ecg, COURT STAFF) (Filed on 4/20/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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RICHARD L. BURNS,

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Petitioner,

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For the Northern District of California

United States District Court

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vs.

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GARY SWARTHOUT, Warden,
Respondent.

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No. C 11-06301 EJD (PR)
ORDER DENYING LEAVE TO
PROCEED IN FORMA PAUPERIS

(Docket No. 3)

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Petitioner, a California inmate, seeks petition in pro se for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254, challenging his state conviction.1 Petitioner

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has filed a motion for leave to proceed in forma pauperis. (Docket No. 3.) The

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motion is DENIED because Petitioner has not shown an adequate level of poverty as

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the average monthly deposit in his account was $104.67 and the average monthly

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balance in his account was $74.17, for the six-months preceding the filing of this

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petition.

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Petitioner must pay the $5 filing fee within thirty (30) days of the date of

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this order or face dismissal of this action for failure to pay the filing fee.

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DATED:

4/19/2012

EDWARD J. DAVILA
United States District Judge

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The matter was transferred to this Court from the Eastern District of
California on December 19, 2011. (Docket No. 6.)
Order Denying IFP
G:\PRO-SE\SJ.EJD\HC.11\06301Burns_deny-ifp.wpd

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

RICHARD L. BURNS,

Case Number: CV11-06301 EJD

Petitioner,

CERTIFICATE OF SERVICE

v.
GARY SWARTHOUT, Warden,
Respondent.

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
4/20/2012
That on
, I SERVED a true and correct copy(ies) of the
attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s)
hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into
an inter-office delivery receptacle located in the Clerk's office.

Richard L. Burns #AA-7046
C.S.P. Solano (LOC 10-136)
2100 Peabody Road,
Vacaville, CA 95696
Dated:

4/20/2012
Richard W. Wieking, Clerk
/s/By: Elizabeth Garcia, Deputy Clerk