Mourning
Mourning v. Burton
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JEFFERY LEE MOURNING, Case No.: 3:23-cv-1898-CAB-BGS
Petitioner,
ORDER: (1) GRANTING IN FORMA
v. PAUPERIS APPLICATION (ECF No. 5) AND ROBERT BURTON, Warden, et al.,
(2) DISMISSING AMENDED Respondents.
PETITION WITHOUT PREJUDICE
17 Petitioner is a state prisoner proceeding pro se with a Petition for Writ of Habeas 18 Corpus filed pursuant to 28 U.S.C. § 2254. ECF No. 1. On October 27, 2023, this Court 19 denied Petitioner’s Motion to Proceed In Forma Pauperis (“IFP”) because he failed to 20 include a copy of his prison certificate. See ECF No. 3. On the same day, a second IFP 21 Motion was filed which includes the required certificate. See ECF No. 4. Petitioner filed a 22 First Amended Petition on October 30, 2023. ECF No. 5.
REQUEST TO PROCEED IN FORMA PAUPERIS
24 Based on Petitioner’s prison certificate and trust account statement, he has no funds 25 on account at the California correctional institution in which he is…