Free Order Dismissing Case - District Court of California - California

Case 3:08-cv-01330-WQH-POR

Document 2

Filed 08/05/2008

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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 v. DEPT. WARDEN TOERS-BIJNS, Warden Respondent. JAMES LYNN O'HINES, Petitioner, ORDER DISMISSING CASE WITHOUT PREJUDICE AND WITH LEAVE TO AMEND Civil No. 08-1330 WQH (POR) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

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 September 30, 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 shall send a blank Southern District of California In Forma Pauperis Application to Petitioner along with a copy of this Order. IT IS SO ORDERED. DATED: August 5, 2008 WILLIAM Q. HAYES United States District Judge
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K:\COMMON\EVERYONE\_EFILE-PROSE\WQH\08cv1330dism.wpd, 858

08cv1330