Jenkins v. Fakhoury

Filing 3

ORDER denying 2 In Forma Pauperis application and Dismissing Case without prejudice. 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 Jan uary 10, 2010, 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 Dana M. Sabraw on 11/12/09. (All non-registered users served via U.S. Mail Service)(IFP form sent to Petitioner)(lao) (kaj).

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 Respondent. v. FAKHOURY, Warden, ORDER DENYING IN FORMA PAUPERIS APPLICATION AND DISMISSING CASE WITHOUT PREJUDICE GEORGE ROBERT JENKINS, Petitioner, Civil No. 09cv2431-DMS (WMc) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Petitioner, a state prisoner proceeding pro se, has not paid the $5.00 filing fee and has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a). The request to proceed in forma pauperis is denied because Petitioner has not provided the Court with sufficient information to determine Petitioner's financial status. A request to proceed in forma pauperis made by a state prisoner must include a certificate from the warden or other appropriate officer showing the amount of money or securities Petitioner has on account in the institution. Rule 3(a)(2), 28 U.S.C. foll. § 2254; Local Rule 3.2. Although Petitioner has attached a copy of his inmate trust account, relevant information has been redacted, and the
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account statement is not certified. Petitioner has failed to provide the Court with the required certified Prison Certificate. (The proper Southern District in forma pauperis form, which includes the required Prison Certificate, is attached for Petitioner's convenience.) 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 January 10, 2010, 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. IT IS SO ORDERED.

DATED: November 12, 2009

HON. DANA M. SABRAW United States District Judge

CC:

ALL PARTIES

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