Karafili v. Tilton et al

Filing 5

ORDER DISMISSING CASE. The Court DENIES the request to proceed in forma pauperis, and DISMISSES the case without prejudice. To have the case reopened, Petitioner must, no later than October 9, 2007, provide the Court with: (1) a copy of this Order to gether with the $5.00 filing fee; or (2) a copy of this Order together with adequate proof that Petitioner cannot pay the $5.00 filing fee. Signed by Judge Roger T. Benitez on 08/06/07. (Blank Motion to proceed in forma pauperis form.)(joeh)

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Karafili v. Tilton et al Doc. 5 Case 3:07-cv-01372-BEN-NLS Document 5 Filed 08/06/2007 Page 1 of 2 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 JAMES TILTON, et al., Respondents. v. ORDER DENYING IN FORMA PAUPERIS APPLICATION AND DISMISSING CASE WITHOUT PREJUDICE AND WITH LEAVE TO AMEND ENVER KARAFILI, Petitioner, Civil No. 07-1372 BEN (NLS) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Petitioner, a state prisoner proceeding pro se, has not paid the $5.00 filing fee and 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 pursuant to 28 U.S.C. § 1915(a). A request to proceed in forma pauperis made by a state prisoner must include a certificate from the warden or other appropriate officer showing the amount of money or securities Petitioner has on account in the institution. Rule 3(a)(2), 28 U.S.C. foll. § 2254; Local Rule 3.2. Petitioner has failed to provide the Court with the required Prison Certificate. Accordingly, the Court DENIES the request to proceed in forma pauperis, and DISMISSES the case without prejudice. To have the case reopened, Petitioner must, no later -107cv1372 K:\COMMON\EVERYONE\_EFILE-PROSE\BEN\07cv1372dism.wpd, 867 Dockets.Justia.com Case 3:07-cv-01372-BEN-NLS Document 5 Filed 08/06/2007 Page 2 of 2 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 than October 9, 2007, provide the Court with: (1) a copy of this Order together with the $5.00 filing fee; or (2) a copy of this Order together with adequate proof that Petitioner cannot pay the $5.00 filing fee. THE CLERK OF COURT IS DIRECTED TO MAIL PETITIONER A BLANK MOTION TO PROCEED IN FORMA PAUPERIS FORM. IT IS SO ORDERED. DATED: August 6, 2007 Hon. Roger T. Benitez United States District Judge K:\COMMON\EVERYONE\_EFILE-PROSE\BEN\07cv1372dism.wpd, 867 -2- 07cv1372

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