Benitez v. Callahan et al

Filing 2

ORDER Dismissing Case Without Prejudice. Signed by Judge Cathy Ann Bencivengo on 9/26/2017.(All non-registered users served via U.S. Mail Service)(Blank IFP application mailed)(jjg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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ROMON BENITEZ,

Case No.: 17cv1926 CAB (JMA)
Petitioner,

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ORDER DISMISSING CASE
WITHOUT PREJUDICE

v.
CHARLES W. CALLAHAN, Warden,
Respondent.

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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, but has failed to pay the $5.00 filing fee

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and has failed to move to proceed in forma pauperis. Because this Court cannot proceed

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until Petitioner has either paid the $5.00 filing fee or qualified to proceed in forma

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pauperis, the Court DISMISSES the case without prejudice. See Rule 3(a), 28 U.S.C.

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foll. § 2254. If Petitioner wishes to proceed with this case, he must submit, no later than

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November 30, 2017, a copy of this Order with the $5.00 fee or with adequate proof of his

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inability to pay the fee. The Clerk of Court shall send a blank Southern District of

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California In Forma Pauperis Application to Petitioner along with a copy of this Order.

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IT IS SO ORDERED.
Dated: September 26, 2017

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17cv1926 CAB (JMA)