Sherman
(HC) Thao v. Sherman
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 TOU CHRISTMAS THAO, No. 2:18-cv-3178 AC P Petitioner, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
STU SHERMAN, Respondent. 15 Petitioner, a state prisoner proceeding pro se, seeks habeas relief pursuant to 28 U.S.C. § 2254 and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. ECF Nos. 6, 7. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. For the reasons stated herein, the Court will grant petitioner leave to proceed in forma pauperis. It will also recommend that this action be dismissed as duplicative of Thao v. Sherman, No. 2:17-cv-2396 MCE AC P (“Sherman I”). I. IN FORMA PAUPERIS APPLICATION Examination of the in forma pauperis application reveals that petitioner is unable to afford the costs of suit. See ECF Nos. 6, 7. Accordingly, the application to proceed in forma pauperis will be granted. See 28 U.S.C.…