Gage v. People of the State of California
- Haywood Gilliam
- 4:24-cv-02100
- U.S. District Court · Northern District of California
- 2
In Gage v. People, Judge Gilliam denied fee-waiver requests and required payment of the $5 filing fee within 28 days.
Kenneth Eugene Gage is required to pay the $5 filing fee within 28 days to continue his case; otherwise, the action will be dismissed without prejudice.
What happened
Gage v. People of the State of California concerns Kenneth Eugene Gage’s petition challenging a conviction and sentence. He asked to proceed without paying the court’s filing fee and represented himself.
The court found that Gage had enough money in his prison account to pay the $5 fee while still affording basic necessities. It denied his requests to proceed without paying and required him to pay the full fee within 28 days.
Judge Gilliam ordered that the case will be dismissed without prejudice if Gage does not pay within that period. The order did not decide whether his conviction or sentence was lawful.
The detailed version
- Gage v. People of the State of California · No. 4:24-cv-02100
- Haywood Gilliam
- July 31, 2024
Background
Kenneth Eugene Gage, an inmate at California State Prison–Solano, filed a pro se petition for a writ of habeas corpus challenging the legality of a conviction and sentence from Santa Clara County Superior Court. He asked to proceed in forma pauperis, meaning without prepaying the court’s filing fee.
Court’s analysis
Under 28 U.S.C. § 1915, a prisoner seeking to proceed without prepaying fees must show that he lacks sufficient funds and must provide a certified account statement for the relevant six-month period. Gage’s account records showed an October 2023 balance of $940.90, an April 2024 balance of $758.27, two $250 deposits, and monthly expenditures of $90 to $150. The court concluded that he could pay the $5 filing fee while still affording life’s necessities.
Ruling
The court DENIED Gage’s requests to proceed in forma pauperis and required him to prepay the $5 filing fee in full. Gage must pay within 28 days of the order to proceed with the action. If he does not pay, the action will be dismissed without further notice and without prejudice for failure to pay the filing fee. The order terminated Docket Nos. 2 and 5 and did not address the merits of Gage’s challenge to his conviction or sentence.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.