Urrea v. Unknown

Filing 2

ORDER DISMISSING CASE Without Prejudice. If Petitioner wishes to proceed with this case, he must submit, no later than May 25, 2017, a copy of this Order with the $5.00 fee or with adequate proof of his inability to pay the fee. The Clerk of Court shall send a blank Southern District of California In Forma Pauperis Application to Petitioner along with a copy of this Order. Signed by Judge Anthony J. Battaglia on 3/23/17.(All non-registered users served via U.S. Mail Service & IFP form mailed)(dlg)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 FAUSTO URREA, Case No.: 17cv0519 AJB (BGS) Petitioner, 12 13 14 ORDER DISMISSING CASE WITHOUT PREJUDICE v. UNKNOWN, Warden, Respondent. 15 16 17 Petitioner, a detainee, proceeding pro se, filed a document which this Court 18 construes as a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, but has 19 not paid the $5.00 filing fee and has not moved to proceed in forma pauperis. 20 this Court cannot proceed until Petitioner has either paid the $5.00 filing fee or qualified 21 to proceed in forma pauperis, the Court DISMISSES the case without prejudice. See 22 Rule 3(a), 28 U.S.C. foll. § 2254. If Petitioner wishes to proceed with this case, he must 23 submit, no later than May 25, 2017, a copy of this Order with the $5.00 fee or with 24 adequate proof of his inability to pay the fee. The Clerk of Court shall send a blank 25 /// 26 /// 27 /// 28 /// Because 1 17cv0519 AJB (BGS) 1 Southern District of California In Forma Pauperis Application to Petitioner along with a 2 copy of this Order. 3 4 IT IS SO ORDERED. Dated: March 23, 2017 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 17cv0519 AJB (BGS)

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