Opinion
1:10-cv-02122-AWI-GSA (HC).
April 25, 2011
ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL and DIRECTING CLERK TO SERVE THE COURT OF APPEALS (DOCUMENT #23)
Petitioner is a prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.
On April 18, 2011, judgment was entered dismissing the petition for writ of habeas corpus. On March 31, 2011, petitioner filed a notice of appeal, a motion for certificate of appealability. On April 18, 2011, petitioner filed an application to proceed in forma pauperis. Examination of petitioner's application to proceed in forma pauperis reveals that petitioner is unable to afford the costs of an appeal. Accordingly, the application to proceed in forma pauperis on appeal is GRANTED. See 28 U.S.C. § 1915. The Clerk is directed to serve a copy of this order on the Court of Appeals for the Ninth Circuit.
IT IS SO ORDERED.
APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER
I, Ivan Claus, declare that I am the plaintiff in the above-entitled proceeding; that, in support of my request to proceed without prepayment of fees under 28 U.S.C. section 1915, I declare that I am unable to pay the fees for these proceedings or give security therefor and that I am entitled to the relief sought in the complaint.In support of this application, I answer the following questions under penalty of perjury:
X (If "no" DO NOT USE THIS FORM) CSATF/SP CORCORAN II X 48,00 mth. X X X X X X
1. Are you currently incarcerated? Yes ___ No State the place of your incarceration. 2. Are you currently employed (includes prison employment)? Yes ___ No a. If the answer is "yes" state the amount of your pay. b. If the answer is "no" state the date of your last employment, the amount of your take-home salary or wages and pay period, and the name and address of your last employer. 3. Have you received any money from the following sources over the last twelve months? a. Business, profession, or other self-employment: __ Yes No b. Rent payments, interest or dividends: __ Yes No c. Pensions, annuities or life insurance payments: __ Yes No d. Disability or workers compensation payments: __ Yes No c. Gifts or inheritances: __ Yes No f. Any other sources: __ Yes No If the answer to any of the above is "yes," describe by that item cach source of money. Also state the amount received and what you expect you will continue to receive (attach an additional sheet if necessary).X X X IMPORTANT : This form must be dated and signed below in order for the court to consider your application. 4. Do you have cash (includes balance of checking or savings accounts)? __ Yes No If "yes" state the total amount: __________________ 5. Do you own any real estate, stocks, bonds, securities, other financial instruments, automobiles or other valuable property? __ Yes No If "yes" describe the property and state its value: ___________________________ 6. Do you have any other assets? __ Yes No If "yes," list the asset(s) and state the value of each asset listed: 7. List all persons dependent on you for support, stating your relationship to each person listed and how much you contribute to their support. I hereby authorize the agency having custody of me to collect from my trust account and forward to the Clerk of the United States District Court payments in accordance with 28 U.S.C. section 1915(b)(2).4/8/11 NOTE __________________________________ DATE SIGNATURE OF APPLICANT : Within sixty days from the date of this application you must forward to the court a certified copy of your prison trust account statement showing transactions for the past six months.PROOF OF SERVICE
I hereby certify that on 4/8/11, I served a copy of the attached Application to Proceed on Forma Pauperis by placing a copy in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the United States Mail at CSATE/SP CORCORAN, CA:(List Name and Address of Each Defendant or Attorney Served)
I declare under penalty of perjury that the foregoing is true and correct.