Free Order on Motion for Leave to Proceed in forma pauperis - District Court of California - California

Case 3:08-cv-00017-JM-NLS

Document 5

Filed 02/20/2008

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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. M. E. POULOS, Warden, Respondent. DAVID CARLTON BROWN, Petitioner, ORDER DENYING IN FORMA PAUPERIS APPLICATION AND DISMISSING CASE WITHOUT PREJUDICE Civil No. 08-0017 JM (NLS) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

On January 2, 2008, Petitioner, a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. On January 15, 2008, the Court dismissed the Petition because Petitioner failed to satisfy the filing fee requirement. The Court informed Petitioner that, in order to have his case reopened, he would have to either pay the $5.00 filing fee or provide adequate proof of his inability to pay, before March 10, 2008. On February 6, 2008, Petitioner filed a request to proceed in forma pauperis which reflects a $6.31 balance in his prison trust account. The filing fee associated with this type of action is $5.00. See 28 U.S.C. § 1914(a). It appears Petitioner can pay the requisite filing fee. Accordingly, the Court DENIES the request to proceed in forma pauperis, and DISMISSES the /// /// /// ///
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Case 3:08-cv-00017-JM-NLS

Document 5

Filed 02/20/2008

Page 2 of 2

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case without prejudice; Petitioner may submit a copy of this order along with the requisite fee or proof of his inability to pay, no later than April 21, 2008, to have the case reopened. IT IS SO ORDERED. DATED: February 20, 2008 Hon. Jeffrey T. Miller United States District Judge

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