Allen v. Rackley et al

Filing 6

ORDER Denying 5 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 10/3/2016 to have the case reopened. Signed by Judge Anthony J. Battaglia on 9/15/2016. (dls)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 HILLERY ALLEN, Civil No. 12 Petitioner, 13 ORDER DENYING IN FORMA PAUPERIS APPLICATION AND DISMISSING CASE WITHOUT PREJUDICE v. 14 16cv1941-AJB (NLS) RONALD RACKLEY, Warden, et al., 15 Respondents. 16 17 On July 29, 2016, Petitioner, a state prisoner proceeding pro se, filed a Petition for a Writ 18 of Habeas Corpus pursuant to 28 U.S.C. § 2254, along with a motion for tolling of the statute 19 of limitations. (ECF Nos. 1-2.) On August 2, 2016, the Court denied the motion for tolling and 20 dismissed this case due to Petitioner’s failure to satisfy the filing fee requirement. (ECF No. 3.) 21 Petitioner was informed that if he wished to proceed with this action he was required to either 22 pay the $5.00 filing fee or file a motion to proceed in forma pauperis indicating his inability to 23 pay the fee on or before October 3, 2016. (Id.) 24 Petitioner has now filed a request to proceed in forma pauperis which reflects a $612.06 25 balance in his prison trust account. (ECF No. 5.) The filing fee associated with this type of 26 action is $5.00. See 28 U.S.C. § 1914(a). It appears Petitioner can pay the requisite filing fee. 27 Accordingly, the Court DENIES the request to proceed in forma pauperis, and DISMISSES the 28 I:\Chambers Battaglia\DJ CASES\2 Orders to be filed\16cv1941-DenyIFP&Dismiss.wpd, 91516 -1- 16cv1941 1 case without prejudice; Petitioner may submit a copy of this order along with the requisite fee 2 no later than October 3, 2016, to have the case reopened. IT IS SO ORDERED. 3 4 5 DATED: September 15, 2016 6 Hon. Anthony J. Battaglia U.S. District Judge 7 8 CC: ALL PARTIES 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I:\Chambers Battaglia\DJ CASES\2 Orders to be filed\16cv1941-DenyIFP&Dismiss.wpd, 91516 -2- 16cv1941

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