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Brooks v. Clark

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


March 17, 2008

ERNEST J. BROOKS, III, PETITIONER,
v.
KEN CLARK, WARDEN, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Hon. Jeffrey T. Miller United States District Judge

ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS

On January 22, 2008, Petitioner, a state prisoner proceeding pro se, submitted a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. Because Petitioner did not pay the filing fee or move to proceed in forma pauperis, the Court dismissed the action without prejudice for failing to satisfy the filing fee requirement.

Petitioner has now filed a Motion for leave to proceed in forma pauperis. (Doc. No. 4.) Petitioner has no funds on account at the California correctional institution in which he is presently confined. Petitioner cannot afford the $5.00 filing fee. Thus, the Court GRANTS Petitioner's application to proceed in forma pauperis, and allows Petitioner to prosecute the above-referenced action as a poor person without being required to prepay fees or costs and without being required to post security.

IT IS SO ORDERED.

20080317

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