Benavides v. Montgomery

Filing 11

ORDER Granting Motion To Proceed In Forma Pauperis (ECF No. 2 ). Signed by Judge Cynthia Bashant on 1/6/2022. (All non-registered users served via U.S. Mail Service) (ddf) .

Case 3:21-cv-01186-BAS-RBM Document 11 Filed 01/06/22 PageID.200 Page 1 of 2

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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JOHN AMOS BENAVIDES,
Petitioner,

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ORDER GRANTING MOTION TO
PROCEED IN FORMA PAUPERIS
(ECF No. 2)

v.

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Case No. 21-cv-1186-BAS-RBM

W.L. MONTGOMERY,
Respondent.

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Petitioner, a state prisoner proceeding pro se, has submitted a Petition for Writ of

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Habeas Corpus pursuant to 28 U.S.C. § 2254 (ECF No. 1),1 together with a request to

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proceed in forma pauperis (“IFP”) (ECF No. 2). Petitioner represents that he has $0.00 on

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account at the California correctional institution in which he is presently confined.

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Therefore, Petitioner cannot afford the $5.00 filing fee.

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Consequently, the Court GRANTS Petitioner’s application to proceed IFP, and allows

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Petitioner to prosecute this action without being required to prepay fees or costs and

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//

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//

See 28 U.S.C. § 1914(a).

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On the same day that he commenced this action, Petitioner also filed a motion to stay proceedings
so that he could “exhaust a couple of other claims through [California] state court.” (ECF No. 3.) That
motion is pending.

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Case 3:21-cv-01186-BAS-RBM Document 11 Filed 01/06/22 PageID.201 Page 2 of 2

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without being required to post security. The Clerk of Court shall file the Petition for Writ

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of Habeas Corpus without prepayment of the filing fee.

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IT IS SO ORDERED.

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DATED: January 6, 2022

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