Torres v. Mendoza-Powers et al

Filing 3

ORDER DISMISSING CASE without prejudice. If petitioner wishes to proceed with the case, he must submit, no later than 09/24/07, a copy of this order together with the $5.00 filing fee or with adequate proof of his inability to pay the fee. (IFP form sent to Petitioner). Signed by Judge Roger T. Benitez on 07/26/07. (joeh)

Torres v. Mendoza-Powers et al

Doc. 3

Case 3:07-cv-01259-BEN-WMC

Document 3

Filed 07/26/2007

Page 1 of 1

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

DANIEL TORRES, Petitioner, v. K. MENDOZA-POWERS, Warden, Respondent.

Civil No.

07cv1259-BEN (WMc)

ORDER DISMISSING CASE WITHOUT PREJUDICE

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 September 24, 2007, 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 Petitioner a blank in forma pauperis application with a copy of this Order. IT IS SO ORDERED. DATED: July 26, 2007 Hon. Roger T. Benitez United States District Judge
-107cv1259

K:\COMMON\EVERYONE\_EFILE-PROSE\BEN\07cv1259-Dismiss.wpd, 7267

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