Cole v. Cates et al

Filing 4

ORDER DISMISSING CASE. Court dismisses case w/o prejudice, because Court cannot proceed until Petitioner has either paid the $5.00 filing fee or qualified to proceed in forma pauperis. If Petitioner wishes to proceed w/ case, he must submit, no later than 6/8/2009, copy of this Order w/ $5.00 fee or w/ adequate proof of inability to pay the fee. Signed by Judge Irma E. Gonzalez on 4/9/2009. Blank Motion for IFP t/w copy of this Order mailed to Petitioner. (All non-registered users served via U.S. Mail Service).(jah)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

KEVIN CHARLES COLE, Petitioner, v. MATTHEW CATE, Secretary Respondent.

Civil No.

09-0653 IEG (POR)

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 June 8, 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: April 9, 2009 IRMA E. GONZALEZ, Chief Judge United States District Court
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