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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JIMMY W. BROWN, Case No. 2:25-cv-2918-TLN-JDP (P) 12 Petitioner, 13 v. ORDER 14 JANAN CAVAGNOLO, 15 Respondent. 16 17 Petitioner, a state inmate, brings this 28 U.S.C. § 2254 action and concurrently has applied 18 to proceed in forma pauperis, ECF No. 6. I have reviewed his trust fund account statement, and it 19 appears that he has sufficient funds to cover the filing fee. His account statement indicates that he 20 has an available balance of $7,663.98—more than enough to cover the $5 filing fee. Id. Before 21 recommending that petitioner’s application be denied, I will give him an opportunity to respond 22 to this order and to explain why he cannot both pay the filing fee and still afford his necessities. 23 See Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015) (“An affidavit in support of an 24 IFP application is sufficient where it alleges that the affiant cannot pay the court costs and still 25 afford the necessities of life.”). 26 …