Free Order Dismissing Case - District Court of California - California

Case 3:07-cv-02216-JAH-BLM

Document 3

Filed 11/26/2007

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 -1Respondents. v. TOMMY FELKER, Warden, et al., MARK A. HARRIS, Petitioner, ORDER DENYING IN FORMA PAUPERIS APPLICATION AND DISMISSING CASE WITHOUT PREJUDICE AND WITH LEAVE TO AMEND Civil No. 07-2216 JAH (BLM) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Petitioner, a state prisoner proceeding pro se, has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 together with a request to proceed in forma pauperis which reflects a $125.00 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 case without prejudice and with leave to amend. In order to reopen this case, Petitioner must, no later than January 28, 2008: (1) submit a copy of this order together with the $5.00 filing fee, or (2) submit adequate proof of his inability to pay the fee. IT IS SO ORDERED. DATED: November 21, 2007

HON. JOHN A. HOUSTON United States District Judge

K:\COMMON\EVERYONE\_EFILE-PROSE\JAH\07cv2216ifpdny&dism.wpd, 11267

07cv2216