Diaz
(HC) Kirkland v. Diaz
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TREVON R. KIRKLAND, No. 2:21-cv-02018 DB P Petitioner, v. ORDER DIAZ, Respondents. 16 Petitioner, a state prisoner, is proceeding pro se with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has filed a motion to proceed in forma pauperis. (ECF No. 2.) Petitioner’s prison trust fund account statement shows that, at the time of filing this motion, petitioner had approximately $6570.80 in his prison trust account. (ECF No. 5.) The account statement also shows that petitioner has maintained an account balance of several thousand dollars and that petitioner has no outstanding obligations or restitution. (Id.) Pursuant to federal statute, a filing fee of $5.00 is required to commence a habeas corpus action in federal district court. 28 U.S.C. § 1914(a). The court may authorize the commencement of an action “without prepayment of fees and costs or security therefor, by a…