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Springfield v. Burton

United States District Court, Eastern District of California
Jun 14, 2022
2:22-cv-0568 AC P (E.D. Cal. Jun. 14, 2022)

Opinion

2:22-cv-0568 AC P

06-14-2022

CIRON B. SPRINGFIELD, Petitioner, v. ROBERT BURTON, WARDEN, Respondent.


ORDER

ALLISON CLAIRE, UNITED STATES MAGISTRATE JUDGE.

Petitioner, a state prisoner proceeding pro se, seeks habeas relief pursuant to 28 U.S.C. § 2254 and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. ECF Nos. 1, 5. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

Petitioner has filed an in forma pauperis affidavit in which he states that as of May 20, 2022, he had $3,205.07 in his prison trust fund account. ECF No. 5 at 4. Pursuant to federal statute, a filing fee of $5.00 is required to commence a habeas corpus action in federal district court. 28 U.S.C. § 1914(a). The court may authorize the commencement of an action “without prepayment of fees and costs or security therefor, by a person who makes affidavit that he is unable to pay such costs or give security therefor.” 28 U.S.C. § 1915(a).

On June 14, 2022, the court issued an order which incorrectly identified the nature of petitioner's action and the related filing fee. ECF No. 6. That order will be vacated herein.

The amount of funds in petitioner's trust fund account shows that he is able to pay the filing fee and costs. Thus, petitioner has made an inadequate showing of indigency. See Alexander v. Carson Adult High Sch., 9 F.3d 1448 (9th Cir. 1993). Petitioner will therefore be granted twenty-one days within which to submit the appropriate filing fee to the Clerk of Court. Petitioner is cautioned that failure to pay the fee will result in a recommendation that the application to proceed in forma pauperis be denied and the instant action be dismissed without prejudice.

Accordingly, IT IS HEREBY ORDERED that:

1. The previously issued order directing petitioner to pay the filing fee for a civil rights action (ECF No. 6) is VACATED, and

2. Within twenty-one days from the date of this order, petitioner shall submit the appropriate filing fee.


Summaries of

Springfield v. Burton

United States District Court, Eastern District of California
Jun 14, 2022
2:22-cv-0568 AC P (E.D. Cal. Jun. 14, 2022)
Case details for

Springfield v. Burton

Case Details

Full title:CIRON B. SPRINGFIELD, Petitioner, v. ROBERT BURTON, WARDEN, Respondent.

Court:United States District Court, Eastern District of California

Date published: Jun 14, 2022

Citations

2:22-cv-0568 AC P (E.D. Cal. Jun. 14, 2022)