Trate

BACKGROUND

2 Petitioner is currently confined at United States Penitentiary, Atwater. In his IFP 3 application, Petitioner declares he is unable to pre-pay the full amount of fees and costs for these 4 proceedings or give security and believes that he is entitled to the relief sought in his petition. 5 (Doc. No. 2 at 1). However, the Inmate Inquiry attached to the application confirms Petitioner 6 has an available sum of $1,469.27 in his inmate account as of November 8, 2022. (Id. at 3).

APPLICABLE LAW AND ANALYSIS

8 A petition for habeas corpus must be accompanied by the applicable filing fee or a request 9 for leave to proceed IFP. See Rule 3(a) of the Rules Governing Section 2254 Cases. The IFP 10 request must include “the affidavit required by 29 U.S.C. § 1915, and a certificate from the 11 warden or other appropriate officer of the place of confinement showing the amount of money or 12 securities that the petitioner has in any account in the institution.” Id. Under 28 U.S.C. § 1914, 13 the filing fee for a habeas action is $5.00. 14 Proceeding IFP in a habeas action or a civil rights action is “a matter of privilege and not 15 right.” Franklin v. Murphy, 745…