Opinion
1:21-cv-00759-DAD-SKO (HC)
06-22-2021
GUADALUPE RUIZ, Petitioner, v. T. CISNEROS, Warden, Respondent.
ORDER VACATING ORDER DIRING
PAYMENT OF FILING FEE
[Doc. 3]
SHEILA K. OBERTO. UNITED STATES MAGISTRATE JUDGE
Petitioner is a stat e prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On May 13, 2021, the Court issued an order granting Petitioner's application to proceed in forma pauperis. (Doc. 3.) On June 21, 2021, Petitioner notified the Court that the order was incorrect, insofar as Petitioner was proceeding with a petition for writ of habeas corpus, not a civil rights complaint. (Doc. 12.) He states that the order incorrectly stated that he was proceeding pursuant to 42 U.S.C. § 1983 and obligated to pay the $350.00 filing fee for the action. Petitioner's objections are well-taken.
Accordingly, Petitioner is authorized to proceed in forma pauperis in this habeas action pursuant to 28 U.S.C. § 1915, and the order directing payment of the statutory filing fee for a civil rights action is hereby VACATED.
IT IS SO ORDERED.