Free Order Dismissing Case - District Court of California - California

Case 3:07-cv-02259-BEN-AJB

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Filed 12/04/2007

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

JAMES DALTON BELL, Petitioner, v. USA, et al., Respondents.

Civil No.

07cv2259-BEN (AJB)

ORDER DISMISSING CASE WITHOUT PREJUDICE

Petitioner, a federal prisoner proceeding pro se, has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, 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 January 22, 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: December 4, 2007

Hon. Roger T. Benitez United States District Judge -1-

07cv2259