Hafezi v. Chertoff et al

Filing 5

ORDER DISMISSING CASE. It appears Petitioner can afford the $5.00 filing fee. Accordingly, the Court Denies the request to proceed in forma pauperis 2, and dismisses the case without prejudice. To have the case reopened, Petitioner must, no la ter than April 7, 2008 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. Signed by Judge Marilyn L. Huff on 02/07/08. (joeh)

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Hafezi v. Chertoff et al Doc. 5 Case 3:08-cv-00230-H-POR Document 5 Filed 02/07/2008 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 -1vs. MICHAEL CHERTOFF, SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY, BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT, et al Respondent. BEHROUZ HAFEZI, Petitioner, Civil No. 08-0230 H (POR) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ORDER DENYING IN FORMA PAUPERIS APPLICATION AND DISMISSING CASE WITHOUT PREJUDICE Petitioner, a detainee in the custody of the Department of Homeland Security, Bureau of Immigration and Customs Enforcement, proceeding pro se, has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. Petitioner has also filed a request to proceed in forma pauperis which reflects a $274.65 trust account balance at the facility in which he is presently confined. It appears Petitioner can afford the $5.00 filing fee. 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 than April 7, 2008 provide the Court with: (1) a copy K:\COMMON\EVERYONE\_EFILE-PROSE\H\08cv230 2241 IFP DENY.wpd, 278 08cv0230 Dockets.Justia.com Case 3:08-cv-00230-H-POR Document 5 Filed 02/07/2008 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 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. IT IS SO ORDERED. DATED: February 7, 2008 ____________________________ MARILYN L. HUFF, District Judge UNITED STATES DISTRICT COURT K:\COMMON\EVERYONE\_EFILE-PROSE\H\08cv230 2241 IFP DENY.wpd, 278 -2- 08cv0230

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