(HC) Springfield v. Burton ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CIRON B. SPRINGFIELD, No. 2:22-cv-0568 AC P 12 Petitioner, 13 v. ORDER 14 ROBERT BURTON, WARDEN, 15 Respondent. 16 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 19 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, 22 2022, he had $3,205.07 in his prison trust fund account.1 ECF No. 5 at 4. Pursuant to federal 23 statute, a filing fee of $5.00 is required to commence a habeas corpus action in federal district 24 court. 28 U.S.C. § 1914(a). The court may authorize the commencement of an action “without 25 prepayment of fees and costs or security therefor, by a person who makes affidavit that he is 26 unable to pay such costs or give security therefor.” 28 U.S.C. § 1915(a). 27 1 On June 14, 2022, the court issued an order which incorrectly identified the nature of 28 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 2 | filing fee and costs. Thus, petitioner has made an inadequate showing of indigency. See 3 || Alexander v. Carson Adult High Sch., 9 F.3d 1448 (9th Cir. 1993). Petitioner will therefore be 4 || 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 6 || application to proceed in forma pauperis be denied and the instant action be dismissed without 7 || 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 10 || action (ECF No. 6) is VACATED, and 11 2. Within twenty-one days from the date of this order, petitioner shall submit the 12 || appropriate filing fee. 13 || DATED: June 14, 2022 A / 14 ALLISONCLAIRE. 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28