Diaz v. Montgomery

Filing 3

ORDER Granting 2 Motion for Leave to Proceed in forma pauperis. Petitioner cannot afford the $5.00 filing fee. The Clerk of the Court shall file the Petition for Writ Habeas Corpus without prepayment of the filing fee. Signed by Judge Anthony J. Battaglia on 10/7/2016. (All non-registered users served via U.S. Mail Service)(dls)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 STEVEN MICHAEL DIAZ, Case No.: 16cv2475 AJB (NLS) Petitioner, 12 13 14 ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS v. W.L. MONTGOMERY, Warden, Respondent. 15 16 17 Petitioner, a state prisoner proceeding pro se, has submitted a Petition for Writ of 18 Habeas Corpus pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma 19 pauperis. Petitioner has no funds on account at the California correctional institution in 20 which he is presently confined. Petitioner cannot afford the $5.00 filing fee. Thus, the 21 Court GRANTS Petitioner’s application to proceed in forma pauperis, and allows 22 Petitioner to prosecute the above-referenced action without being required to prepay fees 23 or costs and without being required to post security. The Clerk of the Court shall file the 24 Petition for Writ of Habeas Corpus without prepayment of the filing fee. 25 26 IT IS SO ORDERED. Dated: October 7, 2016 27 28 1 16cv2475 AJB (NLS)

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