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