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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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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MIKE E. MITCHELL,

Case No.: 17cv1204-GPC (BLM)
Petitioner,

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ORDER GRANTING APPLICATION
TO PROCEED IN FORMA PAUPERIS

v.
THE STATE OF CALIFORNIA,
Respondent.

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On May 30, 2017, Petitioner, a state prisoner proceeding pro se, filed a Petition for

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a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, but failed to pay the filing fee or

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move to proceed in forma pauperis. (ECF No. 1.) On July 25, 2017, the Court dismissed

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this action due to Petitioner’s failure to satisfy the filing fee requirement, for failure to

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name a proper respondent, and for failure to allege exhaustion of state court remedies. (ECF

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No. 2.) The dismissal was without prejudice to Petitioner to either pay the filing fee or file

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a motion to proceed in forma paupers, and file a First Amended Petition, on or before

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September 11, 2017.

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Petitioner has now filed a Motion to proceed in forma pauperis (ECF No. 3), but has

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not yet filed a First Amended Petition. Petitioner has $0.20 on account at the California

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correctional institution in which he is presently confined, and cannot afford the $5.00 filing

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fee. Thus, the Court GRANTS Petitioner’s application to proceed in forma pauperis, and
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17cv1204-GPC (BLM)

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allows Petitioner to prosecute the above-referenced action as a poor person without being

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required to prepay fees or costs and without being required to post security. However, this

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action REMAINS DISMISSED without prejudice to Petitioner to file a First Amended

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Petition in accordance with the Court’s previous Order of dismissal on or before

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September 11, 2017.

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IT IS SO ORDERED.

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Dated: August 18, 2017

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17cv1204-GPC (BLM)