(HC) Griffin v. Price

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

DEXTER LAWRENCE GRIFFIN, Case No. 1:21-cv-01507-SAB-HC

Petitioner, ORDER DENYING PETITIONER’S MOTION TO PROCEED IN FORMA v. PAUPERIS AS MOOT

BRANDON PRICE, (ECF No. 10)

Respondent.

Petitioner is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has submitted a document entitled “Respondent’s Status Conference Brief, Motion for SVPA Speedy Trial, Declaration of Attorney, Construed Leave to File or to Amend Pending Motion.” (ECF No. 10). The filing is 135 pages and contains in forma pauperis documents, trust account statements, and various documents submitted in Petitioner’s other cases in numerous courts. The Court construes the document as a motion to proceed in forma pauperis. See Castro v. United States, 540 U.S. 375, 381-82 (2003) (courts may recharacterize a pro se motion to “create a better correspondence between the substance of a pro se motion’s claim and its underlying legal basis”); Bernhardt v. Los Angeles County, 339 F.3d 920, 925 (9th Cir. 2003) (courts have a duty to construe pro se pleadings and motions liberally). /// This Court previously authorized Petitioner to proceed in forma pauperis on October 13, 2021. (ECF No. 6). Accordingly, IT IS HEREBY ORDERED that Petitioner’s motion to proceed in forma pauperis (ECF No. 10) is DENIED as MOOT. IT IS SO ORDERED. FA. ee Dated: _ December 21, 2021

UNITED STATES MAGISTRATE JUDGE