Mitchell v. Cate et al

Filing 2

ORDER DISMISSING CASE Without Prejudice. If Petitioner wishes to proceed with this case, he must submit, no later than June 7, 2013, a copy of this Order with the $5.00 fee or with adequate proof of his inability to pay the fee. Signed by Judge Dana M. Sabraw on 4/2/2013.(All non-registered users served via U.S. Mail Service-Petitioner also mailed blank in forma pauperis application)(vam)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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MICHAEL MITCHELL,

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Civil No.

13-0634 DMS (MDD)

Petitioner,
v.

ORDER DISMISSING CASE
WITHOUT PREJUDICE

MATTHEW CATE, Warden
Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed a Petition for Writ of Habeas

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Corpus pursuant to 28 U.S.C. § 2254, but has failed to pay the $5.00 filing fee and has failed to

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move to proceed in forma pauperis. Because this Court cannot proceed until Petitioner has either

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paid the $5.00 filing fee or qualified to proceed in forma pauperis, the Court DISMISSES the

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case without prejudice. See Rule 3(a), 28 U.S.C. foll. § 2254. If Petitioner wishes to proceed

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with this case, he must submit, no later than June 7, 2013, a copy of this Order with the $5.00

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fee or with adequate proof of his inability to pay the fee. The Clerk of the Court is directed to

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send Petitioner a blank in forma pauperis application.

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IT IS SO ORDERED.
DATED: April 2, 2013

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HON. DANA M. SABRAW
United States District Judge

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C:\Users\moanam\AppData\Local\Temp\notesBF8557\13cv0634 dismiss.wpd, 4213

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