Seabrook
v.
U.S.

This case is not covered by Casetext's citator
United States District Court, E.D. CaliforniaFeb 9, 2011
1:10-cv-02277-LJO-GSA (HC). (E.D. Cal. Feb. 9, 2011)

1:10-cv-02277-LJO-GSA (HC).

February 9, 2011

STANLEY SEABROOK (PRO SE)


ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL DIRECTING CLERK TO SERVE COPY ON COURT OF APPEALS (DOCUMENT #12)


Petitioner is a prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241.

On January 12, 2011, judgment was entered dismissing the petition for writ of habeas corpus. On January 24, 2011, petitioner filed a notice of appeal. On February 7, 2011, petitioner filed an application to proceed in forma pauperis. Examination of petitioner's application to proceed in forma pauperis reveals that petitioner is unable to afford the costs of an appeal. Accordingly, the application to proceed in forma pauperis on appeal is GRANTED. See 28 U.S.C. § 1915.

The Clerk is directed to serve a copy of this order on the Court of Appeals for the Ninth Circuit.

IT IS SO ORDERED.

Dated: February 9, 2011

Petition Requesting For An Order To Proceed In FORMA PAUPERIS.

NOW COMES, Petitioner Stanley Seabrook acting Pro Se herein request for an Order to proceed in Forma-Pauperis due to the fact that he is without the necessary funds to pay or repay the filing fees in this instant matter.

I attest that I have attach a DECLARATION IN SUPPORT OF THIS REQUEST TO PROCEED IN FORMA PAUPERIS.

Date: February 3, 2011.


DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERI

I Mr. Stanley Seabrook, here by declare under the penalty of perjury, that the foregoing is true and correct; that I am the petitioner in the above entitles case; that in support of my motion to proceed without being required to prepay fees, costs or give security therefore, I state that because of my poverty I am unable to pay the cost of said proceedings or give security therefore and that I am entitled to redress.

In support of this application, I answer the following question under penalty of perjury:

1. Are you currently incarcerated? Yes ___ No State the place of your incarceration. USP Atwater, CA

2. Are you currently employed (includes prison employment)?

Yes ___ No

___ Yes ___ No

a. If the answer is "yes" state the amount of your pay. $20,00

b. If the answer is "no" state the date of last employment, the amount of your take-home salary or wages and pay period, and the name and address of you last employer.

3. Have you received any money from the following sources over the last twelve months?

a. Business, profession, or other self-employment: ___ Yes No

b. Rent payments, interest or dividends: ___ Yes No

c. Pensions, annuities or life insurance payment: ___ Yes No

d. Disability or workers compensation payments: ___ Yes No

e. Gifts or inheritances: ___ Yes No

f. Any other sources: ___ Yes No

If the answer to any of the above is "yes," describe by that item each source of money. Also state the amount received and what you expect you will continue to receive (attach an additional sheet if necessary).

4. Do you have cash (includes balance of checking or saving accounts)? ___ Yes No

If "yes" state the total amount: ___________________

5. Do you own any real estate, stocks, bonds, securities, other financial instruments, automobiles or other valuable property? ___ Yes No

If "yes" describe the property and state its value:

______________________________

6. Do you have any other assets? ___ Yes No

If "yes," list the asset(s) and state the value of each asset listed:

7. List all persons dependent on you for support, stating your relationship to each person listed and how much you contribute to their support.

___________________________________________

___________________________________________

___________________________________________

CERTIFICATE

(To be completed by the Institution of Incarceration)

I Certify that the applicant named herein has the sum of $13.49 on account to his/her credit at USP Atwater (name of institution). I further certify that during the past six months, the applicant's average of monthly balance was $10.70. I further cerify that during the past six months, the average monthly desposit to the applicant's account was $10.70.

(PLEASE ATTACH A CERTIFIED COPY OF THE APPLICANT'S TRUST ACCOUNT STATEMENT SHOWING TRANACTIONS FOR THE PAST SIX MONTHS).

Inmate Statement

Inmate Reg #: Current Institution: Inmate Name: Housing Unit: Report Date: Living Quarters: Report Time: Alpha Transaction Encumbrance Code Date/Time Reference# Payment# Receipt# Transaction Type Amoant Amount Ending Balance Total Transactions: 119 Totals: $13.30 $0.00 11342021 Atwater USP SEABROOK, STANLEY ATW-B-A 02/01/2011 B23-211L 2:54:43 PM ATW 2/1/2011 1:20:04 36 Sales ($8.80) $13.49 PM ATW 1/28/2011 TL0128 TRUL Withdrawal ($2.00) $22.29 6:40:39 PM ATW 1/25/2011 40 Sales ($73.45) $24.29 1:18:45 PM ATW 1/23/2011 KATWD012 — Debt Encumbrance — $2.26 ------ 12:10:25 AM 1118 Released ATW 1/23/2011 KATWD012 — Debt Encumbrance — $0.44 ------ 12:10:25AM 1110 Released ATW 1/23/2011 KATWD012 Photo Copies ($2.70) $97.74 12:10:25 AM ATW 1/22/2011 33308111 Western Union $100.00 $100.44 2:02:50 PM ATW 1/22/2011 KATWD012 — Debt Encumbrance ($2.26) ------ 2:02:50 PM 1118 ATW 1/20/2011 KATWD012 — Debt Encumbrance ($0.44) ------ 8:43:46 AM 1110 ATW 1/12/2011 TL0112 TRUL Withdrawal ($2.00) $0.44 5:57:15 PM ATW 1/11/2011 55 Sales ($18.45) $2.44 1:17:33 PM ATW 1/11/2011 TFN0111 Phone Withdrawal ($3.00) $20.89 11:59:52 AM ATW 1/8/2011 6:26:50 TFN0108 Phone Withdrawal ($20.00) $23.89 AM ATW 1/7/2011 2:47:46 TFN0107 Phone Withdrawal ($2.00) $43.89 PM ATW 1/7/2011 2:42:17 KIPP1210 Payroll — IPP $23.40 $45.89 PM ATW 1/7/2011 8:31:24 TFN0107 Phone Withdrawal ($1.00) $22.49 AM ATW 1/7/2011 8:14:56 10 Sales ($24.90) $23.49 AM ATW 1/6/2011 2:58:06 33307011 Western Union $40.00 $48.39 PM ATW 12/28/2010 KIPP1210 Payroll — IPP $8.16 $8.39 10:43:18AM ATW 12/21/2010 TL1221 TRUL Withdrawal ($2.00) $0.23 8:12:41 PM ATW 12/21/2010 14 Sales ($22.94) $2.23 8:17:41 AM ATW 12/20/2010 TFN1220 Phone Withdrawal ($9.00) $25.17 7:19:48 AM ATW 12/19/2010 33305711 Western Union $20.00 $34.17 7:02:47 PM ATW 12/17/2010 KICD1010 — Debt Encumbrance — $1.83 12:10:02 AM 842 Released ATW 12/17/2010 KICD1010 — Debt Eneumbrance — $0.17 12:10:02 AM 296 Released ATW 12/17/2010 KICD1010 Inmate Co-pay ($2.00) $14.17 12:10:02AM ATW 12/16/2010 TFN1216 Phone Withdrawal ($3.00) $16.17 6:21:08 PM ATW 12/16/2010 TFN1216 Phone Withdrawal ($16.00) $19.17 4:59:35 PM ATW 12/16/2010 33305511 Western Union $35.00 $35.17 2:02:49 PM ATW 12/16/2010 KICD1010 — Debt Encumbrance ($1.83) ------ 2:02:49 PM 842 ATW 10/27/2010 KICD1010 — Debt Encumbrance ($0.17) ------ 2:43:43 PM 296 ATW 10/18/2010 45 Sales ($1.76) $0.17 9:41:36 AM ATW 10/14/2010 TFN1014 Phone Withdrawal ($1.00) $1.93 6:46:11 PM ATW 10/13/2010 TFN1013 Phone Withdrawal ($100) $2.93 8:56:51 PM ATW 10/11/2010 46 Sales ($10.99) $3.93 9:17:25 AM ATW 10/10/2010 TFN1010 Phone Withdrawal ($1.00) $14.92 9:17:58 PM ATW 10/10/2010 TFN1010 Phone Withdrawal ($1.00) $15.92 8:40:12 PM ATW 10/8/2010 KIPP0910 Payroll — IPP $16.42 $16.92 2:13:26 PM ATW 9/10/2010 13 Sales ($13.80) $0.50 8:38:59 AM ATW 9/9/2010 4:35:05 TFN0909 Phone Withdrawal ($1.00) $14.30 PM ATW 9/6/2010 8:20:33 TFN0906 Phone Withdrawal ($1.00) $15.30 AM ATW 9/4/2010 6:24:00 TFN0904 Phone Withdrawal ($1.00) $16.30 PM ATW 9/3/2010 2:57:37 TFN0903 Phone Withdrawal ($1.00) $17.30 PM ATW 9/3/2010 2:33:05 JIPP0810 Payroll — IPP $17.73 $18.30 PM ATW 9/1/2010 5:50:45 TFN0901 Phone Withdrawal ($1.00) $0.57 PM ATW 9/1/2010 5:03:56 TFN0901 Phone Withdrawal ($1.00) $1.57 PM ATW 8/25/2010 TFN0825 Phone Withdrawal ($1.00) $2.57 4:33:31 PM ATW 8/25/2010 1953 BP 199 Request — $100.00 3:37:36 PM Released ATW 8/25/2010 1953 2209 Govt Doc Required ($100.00) $3.57 3:37:36 PM ATW 8/25/2010 TFN0825 Phone Withdrawal ($1.00) $103.57 12:50:22 PM 123

Current Balances

Available Pre-Release Debt SPO Other Outstanding Administrative Account Alpha Code Balance Balance Encumbrance Encumbrance Eneumbrance Instruments Holds Balance ATW $13.49 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $13.49 Totals: $13.49 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $13.49

Other Balances

National 6 Natioanl 6 Local Max Commissary Commissary National 6 Months Months Avg Balance — Prcv 30 Average Balance Restriction Start Restriction End Months Deposits Withdrawals Daily Balance Days — Prev 30 Days Date Date $493.73 $480.59 $10.70 $100.44 $22.55 N/A N/A