Opinion
Case No. C10-5151RBL/JRC.
March 9, 2010
ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS
The petitioner in this action is seeking a habeas corpus relief from a state sentence where he is serving community custody and has had his community placement revoked three times for violations of the conditions of placement. He alleges the time he spends on community custody is tolled while he is imprisoned on these revocations and his sentence is being unconstitutionally extended. He is entitled to in forma pauperis status. This case has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. §§ 636(b)(1)(A) and 636(b)(1)(B) and Local Magistrate Judge's Rules MJR 3 and MJR 4.
Petitioner's application for leave to proceed in forma pauperis (Dkt. # 1) is GRANTED. Petitioner does not appear to have access to funds to afford the $5.00 filing fee.
The Clerk is directed to mail a copy of this Order to petitioner.