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Martin v. Frink

United States District Court, Ninth Circuit

August 20, 2013

JAMES GENE MARTIN, Petitioner,
v.
MARTIN FRINK, Warden; Attorney General of the State of Montana, Respondents.

FINDINGS AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE

JEREMIAH C. LYNCH, Magistrate Judge.

On August 19, 2013, Petitioner James Martin moved to proceed in forma pauperis with this action for writ of habeas corpus under 28 U.S.C. § 2254. Martin is a state prisoner proceeding pro se.

After reviewing the motion and supporting account statement, I find Martin has sufficiently shown he cannot afford to pay all costs that may be associated with this action. The motion to proceed in forma pauperis will be granted.

Martin's claims, however, are frivolous. Prosecution by Information is consistent with the federal guarantee of due process. Hurtado v. California, 110 U.S. 516, 538 (1884). The petition should be denied for lack of merit.

Martin does not make a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2). A certificate of appealability is not warranted.

Based on the foregoing, the Court enters the following:

ORDER

Martin's motion to proceed in forma pauperis (doc. 2) is GRANTED. The Clerk of Court shall waive payment of the filing fee.

The Court also enters the following:

RECOMMENDATION

1. The Petition (doc. 1) should be DENIED for lack of merit.

2. The Clerk of Court should be directed to enter, by separate document, a judgment in favor of Respondents and against Petitioner.

3. A certificate of appealability should be DENIED.

NOTICE OF RIGHT TO OBJECT TO FINDINGS & RECOMMENDATION AND CONSEQUENCES OF ...


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