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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* 1 FILED 2 ! 1 APR 21 PH I? If 3 CLERK. U.S. DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 4 «Y‘ ty(Ls 5 DEPUTY 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 GILDARDO PINA MARTINEZ, Case No.: 3:17-cv-00436-BEN-NLS Petitioner, 12 13 v. 14 ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS AND DISMISSING CASE WITHOUT PREJUDICE DEPARTMENT OF HOMELAND SECURITY, 15 16 17 Respondent. On March 1,2017, Petitioner, a detainee in the custody of the Department of 18 Homeland Security, Bureau of Immigration and Customs Enforcement, proceeding pro 19 se, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 together with 20 a request to proceed in forma pauperis (“IFP”). (Docket Nos. 1,2.) On March 15, 2017, 21 the Court denied the IFP motion and dismissed the case without prejudice because 22 Petitioner did not provide the Court with sufficient information to determine his financial 23 status. (Docket No. 3.) Petitioner was given until April 14, 2017, to either pay the $5.00 24 filing fee or submit adequate proof of his inability to pay the fee. (Id.) 25 On April 6,2017, Petitioner filed a second motion to proceed in forma pauperis 26 together and attached his trust account statement, which reflected a balance of $32.73. 27 (Docket No. 4.) Thus, it appears Petitioner can afford the $5.00 filing fee. Accordingly, 28 the Court DENIES the request to proceed in forma pauperis. Petitioner’s case is l 3:17-cv-00436-BEN-NLS 1 DISMISSED without prejudice. To have the case reopened, Petitioner must, no later 2 than May 31,2017, pay the $5.00 filing fee or submit adequate proof that he cannot pay 3 the $5.00 filing fee. The Clerk of Court is directed to mail Petitioner a blank Motion to 4 Proceed in Forma Pauperis form together with a copy of this Order. 5 IT IS SO ORDERED. 6 7 8 c—. DATED: April HON^tQ BENITEZ United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 3:17-cv-00436-BEN-NLS

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