Craig v. Ducart

Filing 3

ORDER Denying 2 Motion to Proceed in forma pauperis and Dismissing Case Without Prejudice and With Leave to Amend. To have the case reopened, Petitioner must, no later than December 20, 2016, provide the Court with: (1) a copy of this Order tog ether with the $5.00 filing fee; or (2) a copy of this Order together with adequate proof that Petitioner cannot pay the $5.00 filing fee. Signed by Judge Gonzalo P. Curiel on 10/12/16. (All non-registered users served via U.S. Mail Service)(dlg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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DONTAYE CRAIG,

Case No.: 16-2531 GPC (KSC)
Petitioner,

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v.

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

C.E. DUCART, Warden, et al.,

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Respondents.

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Petitioner, a state prisoner proceeding pro se, has filed a Petition for Writ of

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Habeas Corpus pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma

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pauperis pursuant to 28 U.S.C. § 1915(a).

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The request to proceed in forma pauperis is denied because Petitioner has not

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provided the Court with sufficient information to determine Petitioner’s financial status.

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A request to proceed in forma pauperis made by a state prisoner must include a certificate

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from the warden or other appropriate officer showing the amount of money or securities

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Petitioner has on account in the institution. Rule 3(a)(2), 28 U.S.C. foll. § 2254; Local

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Rule 3.2. Petitioner has failed to provide the Court with the required Prison Certificate.

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Accordingly, the Court DENIES the request to proceed in forma pauperis, and

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

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later than December 20, 2016, provide the Court with: (1) a copy of this Order together
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16-2531 GPC (KSC)

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with the $5.00 filing fee; or (2) a copy of this Order together with adequate proof that

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Petitioner cannot pay the $5.00 filing fee. The Clerk of Court is directed to mail

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Petitioner a blank motion to proceed in forma pauperis form together with a copy of

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this Order.

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IT IS SO ORDERED.

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Dated: October 12, 2016

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16-2531 GPC (KSC)