Cowan v. Gastelo

Filing 6

ORDER: (1) Denying in Forma Pauperis Application (ECF No. 4 ) and (2) Granting Motion for Extension of Time (ECF No. 3 ). Petitioner must satisfy the filing fee requirement by paying the fee or providing adequate proof of his inability to pay, no later than 04/30/2018. Signed by Judge William Q. Hayes on 03/06/2018. (All non-registered users served via U.S. Mail Service)(ajs)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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ERIC JEFFREY COWAN,
Petitioner,

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Case No.: 17cv1994 WQH (BLM)
ORDER:

v.
(1) DENYING IN FORMA PAUPERIS
APPLICATION (ECF No. 4) AND

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JOSIE GASTELO, Warden,

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(2) GRANTING MOTION FOR
EXTENSION OF TIME (ECF No. 3)

Respondent.

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On September 28, 2017, the Ninth Circuit Court of Appeals transferred Petitioner’s

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Application for Leave to File Second or Successive Petition to this Court, found that

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Petitioner was not required to seek permission to file his Petition in this Court, and directed

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the Clerk of this Court to file the Application as a Proposed Petition for a Writ of Habeas

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Corpus pursuant to 28 U.S.C. § 2254, deemed to have been filed on June 15, 2016. (ECF

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No. 1.)

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In its October 3, 2017 Order, the Court notified Petitioner that in order to avoid

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dismissal, he must pay the filing fee or provide adequate proof of his inability to pay and

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file a First Amended Petition, no later than November 30, 2017. On November 22, 2017,

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Petition filed a First Amended Petition and a request to proceed in forma pauperis. He

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also filed a motion for extension of time.
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17cv1994 WQH (BLM)

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According to Petitioner’s prison trust account statement, Petition has a $17.65

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balance in his prison account. The filing fee associated with this type of action is $5.00.

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See 28 U.S.C. § 1914(a). It appears Petitioner can pay the requisite filing fee. Accordingly,

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the Court DENIES the request to proceed in forma pauperis.

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In his motion for extension of time, Petitioner states he has experienced “difficulties

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with the prison trust account office” and that those difficulties have caused an

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“unanticipated delay in processing the filing fee.” (ECF No. 3 at 5). He requests an

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extension of time so that he may satisfy the filing fee requirement. The motion for

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extension of time is GRANTED. Petitioner must satisfy the filing fee requirement by

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paying the fee or providing adequate proof of his inability to pay, no later than April 30,

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2018.

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IT IS SO ORDERED.

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Dated: March 6, 2018

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17cv1994 WQH (BLM)