Mitchell v. State of California

Filing 6

ORDER Granting 3 Motion for Leave to Proceed in forma pauperis. This action remains dismissed without prejudice to Petitioner to file a First Amended Petition in accordance with the Courts previous Order of dismissal on or before September 11, 2017. Signed by Judge Gonzalo P. Curiel on 8/18/17. (All non-registered users served via U.S. Mail Service)(dlg)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 MIKE E. MITCHELL, Case No.: 17cv1204-GPC (BLM) Petitioner, 12 13 14 ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS v. THE STATE OF CALIFORNIA, Respondent. 15 16 17 On May 30, 2017, Petitioner, a state prisoner proceeding pro se, filed a Petition for 18 a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, but failed to pay the filing fee or 19 move to proceed in forma pauperis. (ECF No. 1.) On July 25, 2017, the Court dismissed 20 this action due to Petitioner’s failure to satisfy the filing fee requirement, for failure to 21 name a proper respondent, and for failure to allege exhaustion of state court remedies. (ECF 22 No. 2.) The dismissal was without prejudice to Petitioner to either pay the filing fee or file 23 a motion to proceed in forma paupers, and file a First Amended Petition, on or before 24 September 11, 2017. 25 Petitioner has now filed a Motion to proceed in forma pauperis (ECF No. 3), but has 26 not yet filed a First Amended Petition. Petitioner has $0.20 on account at the California 27 correctional institution in which he is presently confined, and cannot afford the $5.00 filing 28 fee. Thus, the Court GRANTS Petitioner’s application to proceed in forma pauperis, and 1 17cv1204-GPC (BLM) 1 allows Petitioner to prosecute the above-referenced action as a poor person without being 2 required to prepay fees or costs and without being required to post security. However, this 3 action REMAINS DISMISSED without prejudice to Petitioner to file a First Amended 4 Petition in accordance with the Court’s previous Order of dismissal on or before 5 September 11, 2017. 6 IT IS SO ORDERED. 7 8 Dated: August 18, 2017 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 17cv1204-GPC (BLM)

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