Walker v. Lattimore

Filing 2

ORDER DISMISSING CASE. Court dismisses case w/o prejudice. If Petitioner wishes to proceed w/ this case, she must submit by 11/23/2009, a copy of this Order w/ the $5.00 fee or w/ adequate proof of inability to pay fee. Signed by Judge Irma E. Gonzalez on 9/26/2009. Case closed. (Blank Motion for IFP Form and a 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

FLORENCE WALKER, Petitioner, v. MARY LATTIMORE, Warden, Respondent.

Civil No.

09cv1913-IEG (PCL)

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, she must submit, no later than November 23, 2009, a copy of this Order with the $5.00 fee or with adequate proof of her 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: September 26, 2009 IRMA E. GONZALEZ, Chief Judge United States District Court

H:\'09-10\Pro se\09cv1913 -- dismissing 2254 without prejudice.wpd, 9299

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