Gardner

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DELBERT RONDELL GARDNER, Case No. 19cv2214-MMA (MDD)

Petitioner,

ORDER (1) CONSTRUING TRUST

v. ACCOUNT STATEMENT AS

MOTION TO PROCEED IN FORMA

KEN CLARK,

PAUPERIS; (2) GRANTING

Respondent. MOTION TO PROCEED IN FORMA PAUPERIS; and (3) DISMISSING

CASE WITHOUT PREJUDICE AND

WITH LEAVE TO AMEND

18 Petitioner, a state prisoner proceeding pro se, has submitted a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. CONSTRUING TRUST ACCOUNT STATEMENT AS A MOTION TO PROCEED IN FORMA PAUPERIS AND GRANTING MOTION Petitioner has not filed a motion to proceed in forma pauperis, but has submitted a trust account statement from the California correctional institution in which he is presently confined. The Court CONSTRUES the trust account statement as a motion to proceed in forma pauperis. Further, because Petition has $0.00 in his account and…