Free Order - District Court of California - California

Case 3:08-cv-00485-JMA

Document 3

Filed 03/24/2008

Page 1 of 1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 DATED: March 24, 2008 24 25 26 27 28 -1Honorable Barry Ted Moskowitz United States District Judge v. KEN CLARK, Warden, Respondent. PHILLIP W. DUNN, Petitioner, NOTICE REGARDING POSSIBLE DISMISSAL FOR FAILING TO SATISFY FILING FEE REQUIREMENT Civil No. 08cv0485-BTM (JMA) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Petitioner, a state prisoner proceeding pro se, has filed a Petition for a 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 hereby notifies Petitioner that this action is subject to dismissal for failing to satisfy the filing fee requirement. See Rule 3(a), 28 U.S.C. foll. § 2254. If Petitioner wishes to proceed with this case, he must submit, no later than May 19, 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.