Free Order Dismissing Case - District Court of California - California

Case 3:08-cv-00018-H-NLS

Document 2

Filed 01/09/2008

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 24 25 26 27 28 MARILYN L. HUFF, District Judge UNITED STATES DISTRICT COURT -108cv18

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

ANTONIO F. SILVEYRA, Petitioner, vs. PEOPLE OF THE STATE OF CALIFORNIA, Respondent.

CASE NO. 08-CV-0018 H (NLS) ORDER DISMISSING CASE WITHOUT PREJUDICE

Petitioner Antonio F. Silveyra, 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. (Doc. No. 1.) A petition for writ of habeas corpus must be accompanied by either a $5.00 filing fee or an application to proceed in forma pauperis. See Local Rule 3(a), 28 U.S.C. § 2254. The case is therefore dismissed without prejudice. If Petitioner wishes to proceed he must submit a copy of this Order with the $5.00 fee or adequate proof he cannot pay the fee no later than March 11, 2008. For Petitioner's convenience a blank request to proceed in forma pauperis form is included with this Order.
IT IS SO ORDERED. DATED: January 9, 2008