Free Order Dismissing Case - District Court of California - California

Case 3:08-cv-01520-DMS-LSP

Document 2

Filed 08/21/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. MICHAEL B. MUKASEY, et al., Respondent. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA JUAN MIGUEL ORTIZ CUEVAS, Petitioner, Civil No. 08-1520 DMS (LSP)

ORDER DISMISSING CASE WITHOUT PREJUDICE

Petitioner, a detainee in the custody of the Department of Homeland Security, Bureau of Immigration and Customs Enforcement, proceeding pro se, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, but has not paid the $5.00 filing fee and has not moved to proceed in forma pauperis. A Petition for Writ of Habeas Corpus must either be accompanied by a $5.00 filing fee or an application to proceed in forma pauperis. See Local Rule 3(a), 28 U.S.C. foll. § 2254. If Petitioner wishes to proceed with this action he must submit a copy of this Order with the requisite $5.00 fee or adequate proof he cannot pay the fee no later than October 22, 2008.
The Clerk of Court is directed to send Petitioner a blank request to proceed in forma pauperis form.

IT IS SO ORDERED. DATED: August 21, 2008

HON. DANA M. SABRAW United States District Judge

K:\COMMON\EVERYONE\_EFILE-PROSE\DMS\08cv1520 2241 dismiss.wpd, 8218

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08cv1520