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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ERIC JEFFREY COWAN, Petitioner, 12 13 Case No.: 17cv1994 WQH (BLM) ORDER: v. (1) DENYING IN FORMA PAUPERIS APPLICATION (ECF No. 4) AND 14 15 JOSIE GASTELO, Warden, 16 (2) GRANTING MOTION FOR EXTENSION OF TIME (ECF No. 3) Respondent. 17 18 On September 28, 2017, the Ninth Circuit Court of Appeals transferred Petitioner’s 19 Application for Leave to File Second or Successive Petition to this Court, found that 20 Petitioner was not required to seek permission to file his Petition in this Court, and directed 21 the Clerk of this Court to file the Application as a Proposed Petition for a Writ of Habeas 22 Corpus pursuant to 28 U.S.C. § 2254, deemed to have been filed on June 15, 2016. (ECF 23 No. 1.) 24 In its October 3, 2017 Order, the Court notified Petitioner that in order to avoid 25 dismissal, he must pay the filing fee or provide adequate proof of his inability to pay and 26 file a First Amended Petition, no later than November 30, 2017. On November 22, 2017, 27 Petition filed a First Amended Petition and a request to proceed in forma pauperis. He 28 also filed a motion for extension of time. 1 17cv1994 WQH (BLM) 1 According to Petitioner’s prison trust account statement, Petition has a $17.65 2 balance in his prison account. The filing fee associated with this type of action is $5.00. 3 See 28 U.S.C. § 1914(a). It appears Petitioner can pay the requisite filing fee. Accordingly, 4 the Court DENIES the request to proceed in forma pauperis. 5 In his motion for extension of time, Petitioner states he has experienced “difficulties 6 with the prison trust account office” and that those difficulties have caused an 7 “unanticipated delay in processing the filing fee.” (ECF No. 3 at 5). He requests an 8 extension of time so that he may satisfy the filing fee requirement. The motion for 9 extension of time is GRANTED. Petitioner must satisfy the filing fee requirement by 10 paying the fee or providing adequate proof of his inability to pay, no later than April 30, 11 2018. 12 13 IT IS SO ORDERED. 14 Dated: March 6, 2018 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 17cv1994 WQH (BLM)

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