Carroll v. Diaz

Filing 4

ORDER denying 3 in forma pauperis application. This action remains dismissed without prejudice. To have the case reopened, Petitioner must, no later than October 26, 2020, provide the Court with a First Amended Petition on a court-approved petition form which cures the defects of pleading identified in the previous Order of dismissal and either (1) a copy of this Order together with the $5.00 filing fee, or (2) a copy of this Order together with adequate proof that Petitioner cannot pay the $5.00 filing fee. (Blank amended habeas peition and blank in forma pauperis application mailed to Petitioner). Signed by Judge Janis L. Sammartino on 9/08/2020. (All non-registered users served via U.S. Mail Service)(jpp)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 TREMAYNE CARROLL, Case No.: 20-CV-1651 JLS (MDD) Petitioner, 12 13 14 ORDER DENYING IN FORMA PAUPERIS APPLICATION v. RALPH DIAZ, Warden, 15 Respondent. 16 17 On August 24, 2020, Petitioner Tremayne Carroll, a state prisoner proceeding pro 18 se, filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. See generally 19 ECF No. 1. On August 25, 2020, the Court dismissed the Petition due to Petitioner’s failure 20 to either pay the filing fee or move to proceed in forma pauperis, because the Petition was 21 not on a court-approved petition form, and because the Petition did not state a claim 22 cognizable on federal habeas. See generally ECF No. 2. 23 Petitioner was instructed that if he wished to proceed with this action he was required 24 to either pay the filing fee or submit a request to proceed in forma pauperis and file a First 25 Amended Petition curing the defects of pleading on or before October 26, 2020. See id. at 26 5. He was provided with the proper amended petition form and the necessary in forma 27 pauperis application. See id. Petitioner has now filed a request to proceed in forma 28 pauperis but has not yet filed a First Amended Petition. See generally ECF No. 3. 1 20-CV-1651 JLS (MDD) 1 The request to proceed in forma pauperis is denied because Petitioner has not 2 provided the Court with sufficient information to determine his financial status. A request 3 to proceed in forma pauperis made by a state prisoner must include a certificate from the 4 warden or other appropriate officer showing the amount of money or securities Petitioner 5 has on account in the institution. Rule 3(a)(2), 28 U.S.C. foll. § 2254; S.D. Cal. CivLR 6 3.2. Petitioner has failed to provide the Court with the required Prison Certificate, a blank 7 copy of which was sent to Petitioner with the previous Order of dismissal but has not been 8 used by Petitioner. 9 Accordingly, the Court DENIES the request to proceed in forma pauperis (ECF No. 10 3). This action remains DISMISSED WITHOUT PREJUDICE. To have the case 11 reopened, Petitioner must, no later than October 26, 2020, provide the Court with a First 12 Amended Petition on a court-approved petition form which cures the defects of pleading 13 identified in the previous Order of dismissal and either (1) a copy of this Order together 14 with the $5.00 filing fee, or (2) a copy of this Order together with adequate proof that 15 Petitioner cannot pay the $5.00 filing fee. 16 IT IS SO ORDERED. 17 18 Dated: September 8, 2020 19 20 21 22 23 24 25 26 27 28 2 20-CV-1651 JLS (MDD)

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