(HC) Springfield v. Burton

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA CIRON B. SPRINGFIELD, No. 2:22-cv-0568 AC P 12 Petitioner, 13 v. ORDER ROBERT BURTON, WARDEN, 15 Respondent.

17 Petitioner, a state prisoner proceeding pro se, seeks habeas relief pursuant to 28 U.S.C. § 18 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. § 20 636(b)(1)(B) and Local Rule 302.

21 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.1 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).

1 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.

5 || 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.

8 Accordingly, IT IS HEREBY ORDERED that: 9 1. The previously issued order directing petitioner to pay the filing fee for a civil rights || action (ECF No. 6) is VACATED, and 11 2. Within twenty-one days from the date of this order, petitioner shall submit the || appropriate filing fee.

13 || DATED: June 14, 2022 A / 14 ALLISONCLAIRE.

15 UNITED STATES MAGISTRATE JUDGE