Opinion
No. CIV S-08-1111 MCE DAD P.
October 8, 2008
ORDER
Petitioner has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner has paid the filing fee.
Since petitioner may be entitled to the requested relief if the claimed violation of constitutional rights is proved, respondents will be directed to file an answer or a motion to dismiss.
Petitioner has filed a motion requesting the appointment of counsel. The court will defer ruling on the motion until petitioner has filed an application requesting leave to proceed in forma pauperis. Petitioner is advised that the certificate portion of the application does not need to be completed and petitioner is not required to provide a certified copy of his inmate trust account statement.
In accordance with the above, IT IS HEREBY ORDERED that:
1. Respondents are directed to file an answer or a motion to dismiss within sixty days from the date of this order. If an answer is filed, respondents shall include with the answer any and all transcripts or other documents relevant to the determination of the issues presented in the application.
2. Petitioner's traverse, if any, is due on or before thirty days from the date respondents' answer is filed; an opposition to a motion to dismiss is due within thirty days of service of the motion to dismiss;
3. Within thirty days from the date of this order, petitioner shall file his application requesting leave to proceed in forma pauperis by a prisoner;
4. The Clerk of the Court is directed to provide petitioner with the court's application for requesting leave to proceed in forma pauperis by a prisoner; and
5. The Clerk of the Court shall serve a copy of this order together with a copy of petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on the United States Attorney. APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES AND AFFIDAVIT 28 USC § 1915
UNITED STATES DISTRICT COURT Eastern District of California Plaintiff, v. CASE NUMBER: Defendant. I, ___________________________________________________, declare that I am the (check appropriate box) petitioner/plaintiff/movant other in the above-entitled proceeding: that in support of my request to proceed without prepayment of fees or costs under I declare that I am unable to pay the costs of these proceedings and that I am entitled to the relief sought in the complaint/petition/motion. In support of this application, I answer the following questions under penalty of perjury: 1. Are you currently incarcerated? Yes No (If "No," go to Part 2) If "Yes," state the place of your incarceration ____________________________________________________ Are you employed at the institution? __________ Do you receive any payment from the institution? _________ Attach a ledger sheet from the institution(s) of your incarceration showing at least the past six months' transactions. 2. Are you currently employed? Yes No a. If the answer is "Yes," state the amount of your take-home salary or wages and pay period and give the name and address of your employer. 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. In the past 12 twelve months have you received any money from any of the following sources? 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 e. Gifts or inheritances Yes No f. Any other sources Yes No If the answer to any of the above is "Yes," describe, on the following page, each source of money and state the amount received and what you expect you will continue to receive. 4. Do you have any cash or 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 any other thing of value? Yes No If "Yes," describe the property and state its value. 6. List the persons who are dependent on you for support, state your relationship to each person and indicate how much you contribute to their support. I declare under penalty of perjury that the above information is true and correct. __________________________________ __________________________________________________________________ Date Signature of Applicant NOTICE TO PRISONER: A prisoner seeking to proceed without prepayment of fees shall submit an affidavit stating all assets. In addition, a prisoner must attach a statement certififed by the appropriate institutional officer showing all receipts, expenditures, and balances during the last six months in your institutional accounts. If you have multiple accounts, perhaps because you have been in multiple institutions, attach one certified statement of each account.