Scott v. Montgomery et al

Filing 3

ORDER Denying 2 Motion for Leave to Proceed in forma pauperis and Dismissing Case Without Prejudice. Petitioner may submit a copy of this order along with the requisite fee no later than July 18, 2016, to have the case reopened. Signed by Judge William Q. Hayes on 5/18/16. (All non-registered users served via U.S. Mail Service)(dlg)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 10 RASHAD PHILLIP SCOTT, Civil No. 11 12 13 14 Petitioner, v. W. L. MONTGOMERY, Warden, et al., Respondents. 16cv1175-WQH (RBB) ORDER DENYING IN FORMA PAUPERIS APPLICATION AND DISMISSING CASE WITHOUT PREJUDICE 15 16 Petitioner, a state prisoner proceeding pro se, has not paid the $5.00 filing fee and 17 has filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. He has 18 also filed a request to proceed in forma pauperis which reflects a $349.51 balance in his 19 prison trust account. The filing fee associated with this type of action is $5.00. See 28 20 U.S.C. § 1914(a). 21 It appears Petitioner can pay the requisite filing fee. Accordingly, the Court 22 DENIES the request to proceed in forma pauperis, and DISMISSES the case without 23 prejudice; Petitioner may submit a copy of this order along with the requisite fee no later 24 than July 18, 2016, to have the case reopened. IT IS SO ORDERED. 25 DATED: May 18, 2016 26 27 WILLIAM Q. HAYES United States District Judge 28 -1- 16cv1175

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