Diaz

(HC) Murphy v. Diaz

Good Law
United States District Court, Eastern District of CaliforniaNovember 19, 20201:20-cv-01300California1,458 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

MONRELL D. MURPHY, Case No. 1:20-cv-01300-DAD-SAB-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

DENY PETITIONER’S SECOND

v. APPLICATION TO PROCEED IN FORMA

PAUPERIS

RALPH DIAZ, (ECF No. 12) Respondent.

16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. I. BACKGROUND On September 3, 2020, Petitioner commenced the instant proceeding by filing a petition for writ of habeas corpus in the Sacramento Division of the United States District Court for the Eastern District of California. (ECF No. 1). On September 11, 2020, the petition was transferred to this Court. (ECF No. 4). On September 15, 2020, the undersigned issued findings and recommendation to deny Petitioner’s application to proceed in forma pauperis. (ECF No. 7). The undersigned found that Petitioner was financially able to pre-pay the entire $5.00 filing fee…

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