Opinion
1:10-cv-01164-BAM (HC).
October 25, 2011
ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL DIRECTING CLERK TO SERVE COPY ON COURT OF APPEALS (DOCUMENT #39)
Petitioner is a prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241.
On March 29, 2011, judgment was entered denying the petition for writ of habeas corpus. On September 27, 2011, petitioner filed a notice of appeal, and on October 14, 2011, petitioner filed appealability and 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.
JOHNSON, MICHAEL ROY #11370-007 UNITED STATES PENITENTIARY P.O. BOX 019001 CELL #208 ATWATER, CALIFORNIA 93501 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA MICHAEL ROY JOHNSON ) D.C.Case No.: 1:10-cv-01164-SMS PETITIONER, ) No.: 11-17321 V. ) MOTION TO PROCEED HECTOR A. RIOS ) IN FORMA PAUPERIS RESPONDENT. ) _____________________________) Petitioner, Michael Roy Johnson, pro se, respectfully request this court grant him permission to proceed with his appeal in forma pauperis. He asserts that he does not have the funds in his inmate account or any other account to cover the cost of the required filing fee.Petitioner has enclosed a copy of his financial statement and a Declaration In Support Of Motion For Leave To Proceed In Forma Pauperis.
***ILLEGIBLE TEXT*** dated 10/11/11.
DECLARATION IN SUPPORT OF MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS
I, Michael Roy Johnson, am the petitioner in the above-entitled case. In support of my motion to proceed in forma pauperis, I statee that because of my poverty I am unable to pay the costs of my appeal or to give security therefor, and I believe I am entitled to redress.
1. I assert that within the past 12 months I have received approximately $462, thirty of which was a gift. I have an institution job that pays approximately $36.00 a month.
2. I do not own a home, motor vehicle, or any real estate.
3. I assert that I am single.
4. I assert that no one relies on me for support.
5. I do not expect any major changes to my monthly income during the next 12 months.
6. I have not nor will be paying an attorney any money for services in connection with this case.
I declare under penalty of perjury that the foregoing is true and corret.
***ILLEGIBLE TEXT***
Executed on: 10/11/, 2011.
Exhibit