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Ramirez v. Norwood

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


April 10, 2008

ADRIAN RAMIREZ, PETITIONER,
v.
PAUPERIS JOE NORWOOD, WARDEN, RESPONDENT.

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

ORDER GRANTING APPLICATION TO PROCEED IN FORMA

On March 18, 2008, Petitioner, a detainee in the custody of the Department of Homeland Security, Bureau of Immigration and Customs Enforcement, proceeding pro se, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 along with a request to proceed in forma pauperis. [Doc. No. 1.] On March 26, 2008, this Court dismissed Petitioner's case and denied his request to proceed in forma pauperis because it appeared Petitioner could pay the $5 filing fee as his prison trust account statement reflected a $13.72 balance. [Doc. No. 3.] To have his case reopened, Petitioner was required to file a copy of the dismissal Order along with proof of his inability to pay the filing fee no later than May 27, 2008.

On April 7, 2008, Petitioner filed a second request to proceed in forma pauperis which reflects a zero dollar trust account balance at the facility in which he is presently confined. It appears 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. The Clerk of the Court shall file the Petition for Writ of Habeas Corpus without prepayment of the filing fee.

IT IS SO ORDERED.

20080410

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