Rivera v. Clark
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
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
RICKEY V. RIVERA,
Case No.: 20-cv-1831-GPC-RBM
ORDER DENYING MOTION TO
PROCEED IN FORMA PAUPERIS
APPLICATION AND ENLARGING
TIME TO SATISFY THE FILING
KEN CLARK, Warden,
On September 15, 2020, Petitioner, a state prisoner proceeding pro se, filed a Petition
for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (ECF No. 1.) On September
17, 2010, the Court dismissed this action because Petitioner had failed to pay the $5.00
filing fee or submit a motion to proceed in forma pauperis. (ECF No. 2.) Petitioner was
instructed that to have this action reopened he was required to either pay the filing fee or
submit an application to proceed in forma pauperis on or before November 17, 2020. (Id.
at 1.) He has now filed a motion to proceed in forma pauperis. (ECF No. 3.)
MOTION TO PROCEED IN FORMA PAUPERIS
The motion to proceed in forma pauperis is denied because Petitioner has not
provided the Court with sufficient information to determine his financial status. A request
to proceed in forma pauperis made by a state prisoner must include a certificate from the
warden or other appropriate officer showing the amount of money or securities Petitioner
Case 3:20-cv-01831-GPC-RBM Document 4 Filed 11/17/20 PageID.35 Page 2 of 2
has on account in the institution. Rule 3(a)(2), 28 U.S.C. foll. § 2254; Local Rule 3.2.
Petitioner has provided the Court with a blank copy of the required Prison Certificate.
(ECF No. 3 at 5.)
CONCLUSION AND ORDER
Accordingly, the Court DENIES the request to proceed in forma pauperis. This case
remains DISMISSED without prejudice for failure to satisfy the filing fee requirement as
set forth in the Court’s September 17, 2010 Order of dismissal. The Court ENLARGES
the time for Petitioner to either pay the $5.00 filing fee or submit a properly supported in
forma pauperis application. To have the case reopened, Petitioner must, no later than
December 17, 2020, provide the Court with: (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. The Clerk of Court will send Petitioner a blank Southern
District of California in forma pauperis application which contains the proper prison
certificate along with a copy of this Order.
IT IS SO ORDERED.
Dated: November 17, 2020
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