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)

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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 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 CC: ALL PARTIES 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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