Rivera v. Clark

Filing 4

ORDER Denying 3 Motion for Leave to Proceed in Forma Pauperis Application and Enlarging Time to Satisfy the Filing Fee Requirement. Signed by Judge Gonzalo P. Curiel on 11/17/20. (All non-registered users served via U.S. Mail Service)(dlg)

Case 3:20-cv-01831-GPC-RBM Document 4 Filed 11/17/20 PageID.34 Page 1 of 2

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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RICKEY V. RIVERA,

Case No.: 20-cv-1831-GPC-RBM
Petitioner,

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ORDER DENYING MOTION TO
PROCEED IN FORMA PAUPERIS
APPLICATION AND ENLARGING
TIME TO SATISFY THE FILING
FEE REQUIREMENT

v.
KEN CLARK, Warden,

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Respondent.

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On September 15, 2020, Petitioner, a state prisoner proceeding pro se, filed a Petition

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for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (ECF No. 1.) On September

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17, 2010, the Court dismissed this action because Petitioner had failed to pay the $5.00

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filing fee or submit a motion to proceed in forma pauperis. (ECF No. 2.) Petitioner was

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instructed that to have this action reopened he was required to either pay the filing fee or

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submit an application to proceed in forma pauperis on or before November 17, 2020. (Id.

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at 1.) He has now filed a motion to proceed in forma pauperis. (ECF No. 3.)

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MOTION TO PROCEED IN FORMA PAUPERIS

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The motion to proceed in forma pauperis is denied because Petitioner has not

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provided the Court with sufficient information to determine his financial status. A request

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to proceed in forma pauperis made by a state prisoner must include a certificate from the

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warden or other appropriate officer showing the amount of money or securities Petitioner
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Case 3:20-cv-01831-GPC-RBM Document 4 Filed 11/17/20 PageID.35 Page 2 of 2

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has on account in the institution. Rule 3(a)(2), 28 U.S.C. foll. § 2254; Local Rule 3.2.

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Petitioner has provided the Court with a blank copy of the required Prison Certificate.

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(ECF No. 3 at 5.)

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CONCLUSION AND ORDER

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Accordingly, the Court DENIES the request to proceed in forma pauperis. This case

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remains DISMISSED without prejudice for failure to satisfy the filing fee requirement as

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set forth in the Court’s September 17, 2010 Order of dismissal. The Court ENLARGES

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the time for Petitioner to either pay the $5.00 filing fee or submit a properly supported in

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forma pauperis application. To have the case reopened, Petitioner must, no later than

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December 17, 2020, provide the Court with: (1) a copy of this Order together with the

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$5.00 filing fee; or (2) a copy of this Order together with adequate proof that Petitioner

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cannot pay the $5.00 filing fee. The Clerk of Court will send Petitioner a blank Southern

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District of California in forma pauperis application which contains the proper prison

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certificate along with a copy of this Order.

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IT IS SO ORDERED.

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Dated: November 17, 2020

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