Gastello
(HC) Jolivette v. Gastello
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PAUL PATRICK JOLIVETTE, No. 2:19-cv-02173 KJM AC P Petitioner, v. ORDER and JOSIE GASTELLO, Warden, FINDINGS & RECOMMENDATIONS Respondent. 16 Petitioner is a state prisoner incarcerated under the authority of the California Department of Corrections and Rehabilitation, who proceeds pro se with a putative petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, and a request to proceed in forma pauperis. This action is referred to the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302(c). For the following reasons, petitioner’s request to proceed in forma pauperis is granted but the undersigned recommends the dismissal of this action for lack of jurisdiction. Examination of the in forma pauperis application demonstrates that petitioner is unable to afford the costs of suit. See 28 U.S.C. § 1915(a). See ECF No. 2; see also ECF No. 4 (Inmate Trust…