Curry v. Carey

Filing 12

ORDER granting 1 petitioner's motion to proceed IFPfor filed by Jeffry Curry. Signed by Judge Peter C. Lewis on 9/26/06. (tkl, )

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Curry v. Carey Doc. 12 Case 3:06-cv-01158-JM-PCL Document 12 Filed 09/26/2006 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TOM CAREY, Warden, Respondent. v. ORDER GRANTING PETITIONER'S MOTION TO PROCEED IN FORMA PAUPERIS JEFFRY CURRY, Petitioner, Civil No. 06-1158 JM (PCL) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA On May 30, 2006, Petitioner, proceeding pro se, submitted a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. In its June 21, 2006 Order, the Court dismissed this case without prejudice because Petitioner failed to either pay the $5.00 filing fee or move to proceed in forma pauperis. Petitioner was instructed that to have this case reopened he had to either pay the $5.00 filing fee or submit adequate proof of his inability to pay the fee no later than August 14, 2006. On August 21, 2006, Petitioner filed a Declaration in Support of a Motion to Proceed in Forma Pauperis, together with a certificate of funds which reflected a balance of $0.00 on account at the prison where he is housed. On September 18, 2006, this Court issued an Order K:\Common\Lewis\Orders To Be Signed\Posted Orders\06cv1158.ord.granting.informapauperis.wpd, 9266 -1- 06cv1158 Dockets.Justia.com Case 3:06-cv-01158-JM-PCL Document 12 Filed 09/26/2006 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 reopening the case and incorrectly stating that Petitioner had paid the $5.00 filing fee. Petitioner has now filed a document asking the Court to grant his motion to proceed in forma pauperis. According to the documents provided by Petitioner, he cannot afford the $5.00 filing fee. Thus, the Court GRANTS Petitioner's application to proceed in forma pauperis, and allows Petitioner to prosecute the above-referenced action as a poor person without being required to prepay fees or costs and without being required to post security. The Clerk of the Court shall file the Petition for Writ of Habeas Corpus without prepayment of the filing fee. In all other respects, the Court's September 18, 2006 Order, including the briefing schedule set forth in that Order, shall remain the same. IT IS SO ORDERED. DATED: September 26, 2006 Hon. Peter C. Lewis U.S. Magistrate Judge United States District Court cc: The Honorable Jeffrey T. Miller All Parties K:\Common\Lewis\Orders To Be Signed\Posted Orders\06cv1158.ord.granting.informapauperis.wpd, 9266 -2- 06cv1158

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