Free Order Dismissing Case - District Court of California - California

Case 3:07-cv-02248-BEN-RBB

Document 3

Filed 12/03/2007

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Hon. Roger T. Benitez United States District Judge

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

JUNE THEPSOMBANDITH, Petitioner, v. V.M. ALMAGER, Warden Respondent.

Civil No.

07-2248 BEN (RBB)

ORDER DISMISSING CASE WITHOUT PREJUDICE AND WITH LEAVE TO AMEND

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 February 4, 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 3, 2007

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07cv2248