Free Order Dismissing Case - District Court of California - California

Case 3:08-cv-01376-J-JMA

Document 3

Filed 08/18/2008

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

ROBERTO CARLOS RUIZ, Petitioner, v.

Civil No.

08cv1376 J (JMA)

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ORDER DISMISSING CASE WITHOUT PREJUDICE Respondent.

KEN CLARK, Warden

Petitioner, a state prisoner proceeding pro se, has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, but has failed to pay the $5.00 filing fee and has failed to move to proceed in forma pauperis. Because this Court cannot proceed until Petitioner has either paid the $5.00 filing fee or qualified to proceed in forma pauperis, the Court DISMISSES the case without prejudice. See Rule 3(a), 28 U.S.C. foll. § 2254. If Petitioner wishes to proceed with this case, he must submit, no later than October 10, 2008, a copy of this Order with the $5.00 fee or with adequate proof of his inability to pay the fee. The Clerk of Court is directed to send a blank Southern District of California In Forma Pauperis Application, along with a copy of this Order to Petitioner. IT IS SO ORDERED.

DATED: August 18, 2008 HON. NAPOLEON A. JONES, JR. United States District Judge
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Case 3:08-cv-01376-J-JMA

Document 3

Filed 08/18/2008

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K:\COMMON\EVERYONE\_EFILE-PROSE\J\08cv1376 dismiss, 8188