Glover v. Comenity Capital Bank et al

Filing 27

ORDER denying without prejudice Defendant's 18 Motion to Stay Case and Compel Arbitration. Signed by Judge Roger T. Benitez on 4/24/2017. (fth)

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FILED

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! 1 APR 21 PH I? If

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CLERK. U.S. DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA

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«Y‘ ty(Ls

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DEPUTY

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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GILDARDO PINA MARTINEZ,

Case No.: 3:17-cv-00436-BEN-NLS

Petitioner,

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v.

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ORDER DENYING MOTION TO
PROCEED IN FORMA PAUPERIS
AND DISMISSING CASE WITHOUT
PREJUDICE

DEPARTMENT OF HOMELAND
SECURITY,

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Respondent.
On March 1,2017, Petitioner, a detainee in the custody of the Department of

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Homeland Security, Bureau of Immigration and Customs Enforcement, proceeding pro

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se, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 together with

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a request to proceed in forma pauperis (“IFP”). (Docket Nos. 1,2.) On March 15, 2017,

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the Court denied the IFP motion and dismissed the case without prejudice because

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Petitioner did not provide the Court with sufficient information to determine his financial

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status. (Docket No. 3.) Petitioner was given until April 14, 2017, to either pay the $5.00

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filing fee or submit adequate proof of his inability to pay the fee. (Id.)

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On April 6,2017, Petitioner filed a second motion to proceed in forma pauperis

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together and attached his trust account statement, which reflected a balance of $32.73.

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(Docket No. 4.) Thus, it appears Petitioner can afford the $5.00 filing fee. Accordingly,

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the Court DENIES the request to proceed in forma pauperis. Petitioner’s case is
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3:17-cv-00436-BEN-NLS

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DISMISSED without prejudice. To have the case reopened, Petitioner must, no later

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than May 31,2017, pay the $5.00 filing fee or submit adequate proof that he cannot pay

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the $5.00 filing fee. The Clerk of Court is directed to mail Petitioner a blank Motion to

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Proceed in Forma Pauperis form together with a copy of this Order.

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IT IS SO ORDERED.

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c—.

DATED: April

HON^tQ
BENITEZ
United States District Judge

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3:17-cv-00436-BEN-NLS