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Smith v. Kirkland

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Mar 18, 2013
Case No. C-05-05168-RMW (N.D. Cal. Mar. 18, 2013)

Opinion

Case No. C-05-05168-RMW

03-18-2013

ANTOINE SMITH, Petitioner, v. RICHARD KIRKLAND, Warden, Respondent.


ORDER GRANTING MOTION TO

APPEAL IN FORMA PAUPERIS


[Re Docket No. 26, 39]

Petitioner Antoine Smith, a prisoner currently incarcerated at California State Prison, Solano, appeals the dismissal of his habeas corpus petition. The court decides this petition pursuant to Rule 24 of the Federal Rules of Appellate Procedure. Although the court previously denied Smith's motion to proceed in forma pauperis in his petition for a writ of habeas corpus, the filing fee was only $5. Dkt. No. 11. The filing fee for his appeal is $455. Smith's average monthly income between January and July of 2012—the most recent provided to the court—was $18.10. As Smith clearly cannot pay the fee, the court GRANTS Smith's motion to proceed in forma pauperis.

____________________

Ronald M. Whyte

United States District Court Judge


Summaries of

Smith v. Kirkland

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Mar 18, 2013
Case No. C-05-05168-RMW (N.D. Cal. Mar. 18, 2013)
Case details for

Smith v. Kirkland

Case Details

Full title:ANTOINE SMITH, Petitioner, v. RICHARD KIRKLAND, Warden, Respondent.

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Date published: Mar 18, 2013

Citations

Case No. C-05-05168-RMW (N.D. Cal. Mar. 18, 2013)