Alexander v. Madden et al

Filing 3

ORDER DISMISSING CASE Without Prejudice. If Petitioner wishes to proceed with this case, he must submit, no later than January 19, 2016, 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. Signed by Judge Gonzalo P. Curiel on 11/16/15.(All non-registered users served via U.S. Mail Service)Documents mailed to petitioner (dlg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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JAMES DANIEL ALEXANDER,

Case No. 15cv2498 GPC (RBB)

Petitioner,

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ORDER DISMISSING CASE
WITHOUT PREJUDICE

v.
RAYMOND MADDEN, 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

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failed to move to proceed in forma pauperis. Because this Court cannot proceed until

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Petitioner has either paid the $5.00 filing fee or qualified to proceed in forma pauperis, the

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Court DISMISSES the case without prejudice. See Rule 3(a), 28 U.S.C. foll. § 2254. If

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Petitioner wishes to proceed with this case, he must submit, no later than January 19,

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2016, a copy of this Order with the $5.00 fee or with adequate proof of his inability to pay

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the fee. The Clerk of Court shall send a blank Southern District of California In Forma

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Pauperis Application to Petitioner along with a copy of this Order.

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IT IS SO ORDERED.

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15cv2498 GPC (RBB)

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Dated: November 16, 2015

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15cv2498 GPC (RBB)