Handy

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MICHAEL DWAYNE HANDY, Case No. 23-cv-02243-JST

8 Plaintiff,

ORDER SUA SPONTE GRANTING

9 v. EXTENSION OF TIME TO PAY

FILING FEE OR FILE IN FORMA

10 WARDEN, PAUPERIS APPLICATION 11 Defendant.

12 13 Petitioner, a state prisoner currently housed at Kern Valley State Prison, filed this petition 14 for a writ of habeas corpus pursuant to either 28 U.S.C. § 2254 or 28 U.S.C. § 2241. ECF No. 1. 15 On May 9, 2023, Petitioner was informed that this action was deficient because Petitioner had 16 neither paid the $5.00 filing fee nor filed an application to proceed in forma pauperis. ECF No. 5. 17 Petitioner was informed that the failure to respond by May 6, 2023, would result in dismissal of 18 this action and the fee becoming due immediately. ECF No. 5. On May 24, 2023, Petitioner filed 19 a pleading objecting to the assessment of a filing fee, arguing that he is not required to pay a filing 20 for this action because (1) the Prison Litigation…