Bryson v. Madden et al

Filing 7

ORDER: (1) Denying Motion to Proceed In Forma Pauperis [ECF No. 6 ]; and (2) Denying Motions for Stay and Abeyance, Evidentiary Hearing, and Discovery Without Prejudice [ECF Nos. [2-4]]. Signed by Judge Cynthia Bashant on 7/28/2022. (All non-registered users served via U.S. Mail Service)(anh)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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RONALD BRYSON,

Case No.: 22cv00556
Petitioner,

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v.

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RAYMOND MADDEN, et al.,

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Respondents.

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ORDER:
(1) DENYING MOTION TO
PROCEED IN FORMA PAUPERIS
[ECF No. 6.]; AND
(2) DENYING MOTIONS FOR STAY
AND ABEYANCE, EVIDENTIARY
HEARING, AND DISCOVERY
WITHOUT PREJUDICE [ECF Nos.
2–4]

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On April 20, 2022, Petitioner, a state prisoner proceeding pro se, filed a Petition for

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Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (ECF No. 1.) The Court dismissed

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the action on May 12, 2022 because Petitioner failed to either pay the $5.00 filing fee or

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request to proceed in forma pauperis (“IFP”). Petitioner was given until July 18, 2022 to

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either pay the filing fee or submit adequate proof he could not pay the fee. (Order, ECF

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No. 5.) On July 11, 2022, Petitioner filed a Motion to Proceed IFP. (IFP Mot., ECF No.

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6.) Additionally, Petitioner has filed a Motion for Stay and Abeyance (ECF No. 2), a

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Motion for an Evidentiary Hearing (ECF No. 3), and a Motion for Discovery (ECF No. 4).
-122cv00556

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I.

Motion to Proceed in Forma Paupers

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The filing fee for a petition of writ of habeas corpus is $5.00, and the action may

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proceed despite a failure to prepay the entire fee only if leave to proceed IFP is granted

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pursuant to 28 U.S.C. § 1915(a). See Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir.

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2007). In its prior Order, this Court informed Petitioner he has failed to comply with this

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requirement. (Order at 1.) Since then, Petitioner has moved to proceed IFP. (IFP Mot.)

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A request to proceed IFP made by a state prisoner must include a certificate from

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the warden or other appropriate officer showing the amount of money or securities the

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petitioner has on account in the institution (“Prison Certificate”). Rule 3(a)(2), 28 U.S.C.

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foll. § 2254; Local Civ. R. 3.2; Jacome v. IRS of California, No. 21-cv-2083 JLS (MSB),

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2022 WL 395963, at *1 (S.D. Cal. Feb. 9, 2022).

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reviewing court lacks the ability to assess whether the petitioner qualifies for IFP status,

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i.e., whether the petitioner’s indigency inhibits him or her from paying the required fee.

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Because Petitioner has failed to submit a Prison Certificate, the Court DENIES Petitioner’s

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IFP Motion without prejudice. (ECF No. 6.)

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II.

Without a Prison Certificate, the

Pending Motions for Stay and Abeyance, Evidentiary Hearing, and Discovery

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This Court cannot proceed until Petitioner has either paid the $5.00 filing fee or

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qualified to proceed in forma pauperis. See Rule 3(a), 28 U.S.C. foll. § 2254. Accordingly,

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the Court DENIES without prejudice Petitioner’s Motion for Stay and Abeyance (ECF No.

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2), Motion for an Evidentiary Hearing (ECF No. 3), and Motion for Discovery (ECF No.

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4).

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III.

Conclusion

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For the foregoing reasons, the Court DENIES without prejudice Petitioner’s IFP

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Motion (ECF No. 6). The Court further DENIES without prejudice Petitioner’s Motions

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for Stay and Abeyance (ECF No. 2), an Evidentiary Hearing (ECF No. 3), and Discovery

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(ECF No. 4.)

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//

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//
-222cv00556

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To proceed with his case, by no later than October 1, 2022 Petitioner must file a

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copy of this Order, together with either the $5.00 filing fee or a Prison Certificate that

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constitutes adequate proof that Petitioner cannot pay the $5.00 filing fee. Once Petitioner

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pays the $5.00 filing fee or obtains IFP status, he may renew his Motions for Stay and

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Abeyance, an Evidentiary Hearing, and Discovery, if he so wishes.

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IT IS SO ORDERED.
DATED: July 28, 2022

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-322cv00556