U.S. v. PEANG

Case No. 1:14-CR-0141 AWI-1.

UNITED STATES, Plaintiff, v. TOUCH PEANG, Defendant.

United States District Court, E.D. California.


Attorney(s) appearing for the Case

Touch Peang, Defendant, Pro Se.

Touch Peang, Defendant, represented by Katherine Louise Hart , Law Offices of Katherine Hart.

USA, Plaintiff, represented by Melanie Leigh Alsworth , United States Attorney's Office.


ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS WITHOUT PREJUDICE

ANTHONY W. ISHII, Senior District Judge.

On August 3, 2015, Defendant Touch Peang pled guilty violating 21 U.S.C. §§ 841(a)(1) and 846, conspiracy to distribute methamphetamine and marijuana. See Doc. No. 75. Peang's plea was pursuant to a plea agreement. See Doc. No. 69.

On October 19, 2016, Peang was sentenced to 144 months in the custody of the bureau of prisons and 60 months of supervised release. See Doc. No. 98. On October 26, 2016, judgment and commitment were entered. See Doc. No. 99.

On January 3, 2017, Peang filed an application to proceed in forma pauperis. See Doc. No. 110. Attached to the very back of the application is a request for a copy of the transcript of the October 19, 2015 sentencing hearing. See id. Otherwise, however, the application is only that, an application. There is no explanation of why or for what purpose Peang wishes to proceed in forma pauperis. In the absence of an explanation, the Court will deny Peang's application, but will do so without prejudice. Peang may file a renewed application, but he must explain what he is attempting to accomplish while proceeding in forma pauperis.1

ORDER

Accordingly, IT IS HEREBY ORDERED that Defendant's application to proceed in forma pauperis is DENIED without prejudice, as discussed above.

IT IS SO ORDERED.

FootNotes


1. To the extent that Peang may be taking steps to file a petition under 28 U.S.C. § 2255, there is no filing fee imposed by the Eastern District of California.

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