(HC) Bailey v. Warden

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA | Brent Eugene Bailey, No. 2:23-cv-01087-KJM-EFB 12 Petitioner, ORDER 13 v. Warden, 1S Respondent.

17 Petitioner Brent Eugene Bailey filed his petition for a writ of habeas corpus in this matter | in June 2023 and paid the filing fee. The Magistrate Judge later issued findings and | recommendations that this matter be dismissed without prejudice, and the court adopted that | recommendation. See F&Rs, ECF No. 7, adopted, ECF No. 10. Petitioner then filed a notice of | appeal, ECF No. 12, and a motion in this court seeking authorization to proceed in forma pauperis | on appeal, ECF No. at 13, as required by Federal Rule of Appellate Procedure 24(a)(1).

23 | According to his affidavit, he has no assets, and his income is composed of gifts of about $200 | per month.

25 Petitioner’s application to proceed in forma pauperis meets the requirements of 28 U.S.C. | § 1915(a) by showing “he cannot pay the court costs and still afford the necessities of life.”

27 | Escobedo vy. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015). An individual need not be | “absolutely destitute” to qualify for in forma pauperis status. Adkins v. E.. Du Pont De Nemours | & Co,, Inc., 335 U.S. 331, 339 (1948).

3 The application (ECF No. 13) is granted.

4 IT IS SO ORDERED.

5 DATED: October 23, 2024.

NITED STATES DISTRICT JUDGE