(HC) Sanchez v. Lemon ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANGEL PINEDA SANCHEZ, No. 2:23-cv-01115 DB P 12 Petitioner, 13 v. ORDER 14 TRISTAN LEMON, 15 Respondents. 16 17 Petitioner, a state prisoner, filed an application for a writ of habeas corpus pursuant to 28 18 U.S.C. § 2254. Petitioner filed an in forma pauperis affidavit in which he states he is presently 19 employed. (ECF No. 5 at 1.) In addition, the attached trust account statement reflects that 20 petitioner had a balance of $1,139.10 when he filed this action. On September 15, 2023, the last 21 day reflected on the statement, petitioner had a balance of $1,528.45. 22 Pursuant to federal statute, a filing fee of $5.00 is required to commence a habeas corpus 23 action in federal district court. 28 U.S.C. § 1914(a). The court may authorize the commencement 24 of an action “without prepayment of fees and costs or security therefor, by a person who makes 25 affidavit that he is unable to pay such costs or give security therefor.” 28 U.S.C. § 1915(a). 26 Petitioner was able to pay the filing fee and costs when he filed this action. Thus, 27 petitioner has made an inadequate showing of indigency. See Alexander v. Carson Adult High 28 Sch., 9 F.3d 1448 (9th Cir. 1993). Petitioner will therefore be granted thirty (30) days in which to 1 | either submit the appropriate filing fee to the Clerk of the Court, or, if he cannot do so, respond in 2 | writing explaining why he cannot do so. 3 Petitioner is cautioned that failure to respond to this order will result in a recommendation 4 || that the application to proceed in forma pauperis be denied and the instant action be dismissed 5 | without prejudice. 6 Accordingly, ITIS HEREBY ORDERED that, within thirty (30) days from the date of 7 || this order, petitioner shall either submit the $5.00 filing fee or show cause in writing why he is 8 || unable to do so. 9 | Dated: October 16, 2023 10 11 12 wanel 115.1040 ; SOOM POBNES UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28