(HC) Hand v. Sawyer ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEHU HAND, Case No. 1:19-cv-01329-JDP 12 Petitioner, ORDER DENYING PETITIONER’S APPLICATION TO PROCEED IN FORMA 13 v. PAUPERIS 14 KATHLEEN HAWK SAWYER, et al., ECF No. 2 15 Respondents. 16 17 Petitioner Jehu Hand, a state prisoner proceeding without counsel, seeks a writ of habeas 18 corpus under 28 U.S.C. § 2254. ECF No. 1. On September 23, 2019, petitioner moved to 19 proceed in forma pauperis. ECF No. 2. Because petitioner has failed to show that he is unable to 20 pay the $5.00 habeas corpus petition filing fee, I deny his motion to proceed in forma pauperis. 21 Pursuant to 28 U.S.C.S. § 1915(a), a petitioner may commence an action without paying 22 the filing fees by submitting an affidavit that shows that he lacks sufficient funds. The petitioner 23 must show that he cannot “because of his poverty pay or give security for the costs and still be 24 able to provide himself and dependents with the necessities of life.” Ogunsalu v. Nair, 117 F. 25 App’x 522, 523 (9th Cir. 2004) (quoting Adkins v. E.I. Du Pont de Nemours & Co., 335 U.S. 331, 26 339 (1948)). 27 Petitioner, in his application to proceed in forma pauperis, states that he has $16,400.00 in 28 assets, an average monthly balance of $42.37 in his prison account, and average monthly deposits 1 | of $223.38 into his prison account. In light of petitioner’s declared assets and income, I find that 2 | paying the $5.00 habeas corpus petition filing fee will not cause him to be unable to provide for 3 | himself and his dependents. Petitioner is ordered to pay the filing fee within thirty days of entry 4 | of this order. 5 6 IT IS SO ORDERED. ’ : —N prssann — Dated: _ October 31, 2019 8 UNI STATES MAGISTRATE JUDGE 9 10 11 No. 206 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28