Luevano v. Martel et al

Filing 3

ORDER DISMISSING CASE Without Prejudice: 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. If Petitioner wishes to p roceed with this case, he must submit, no later than 3/30/2009, 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 a blank In Forma Pauperis Application to Petitioner along with a copy of this Order. Signed by Judge William Q. Hayes on 1/29/2009. (All non-registered users served via U.S. Mail Service; a blank IFP form included in mailing to Petitioner.) (mdc)

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 v. M. MARTEL, Warden, et al., Respondents. CHRISTOPHER LUEVANO, Petitioner, Civil No. 09cv0145-WQH (RBB) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

ORDER DISMISSING CASE WITHOUT PREJUDICE

Petitioner, a state prisoner proceeding pro se, has filed a Petition for a 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 March 30, 2009, 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 a blank Southern District of California In Forma Pauperis Application to Petitioner along with a copy of this Order. IT IS SO ORDERED. DATED: January 29, 2009 WILLIAM Q. HAYES United States District Judge
K:\COMMON\EVERYONE\_EFILE-PROSE\WQH\09cv0145-Dismiss.wpd, 1299

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