Williams v. Noll

Filing 3

ORDER DISMISSING CASE. Because Court cannot proceed until Petitioner has either paid the $5.00 filing fee or qualified to proceed IFP, Court dismisses case w/o prejudice. If Petitioner wishes to proceed w/ case, he must submit by 10/19/2009, a c opy of this Order w/ the $5.00 filing fee or adequate proof of inability to pay the fee. Signed by Judge Irma E. Gonzalez on 8/17/2009. Blank Motion for IFP form t/w copy of this order mailed to Petitioner. (All non-registered users served via U.S. Mail Service).(jah) (av1).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

STEVEN GREGORY WILLIAMS, Petitioner, v. COLLEEN NOLL, Acting Warden Respondent.

Civil No.

09-1705 IEG (RBB)

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 October 19, 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: August 17, 2009 IRMA E. GONZALEZ, Chief Judge United States District Court
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