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)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 10 ROMON BENITEZ, Case No.: 17cv1926 CAB (JMA) Petitioner, 11 12 13 ORDER DISMISSING CASE WITHOUT PREJUDICE v. CHARLES W. CALLAHAN, Warden, Respondent. 14 15 Petitioner, a state prisoner proceeding pro se, has filed a Petition for Writ of 16 Habeas Corpus pursuant to 28 U.S.C. § 2254, but has failed to pay the $5.00 filing fee 17 and has failed to move to proceed in forma pauperis. Because this Court cannot proceed 18 until Petitioner has either paid the $5.00 filing fee or qualified to proceed in forma 19 pauperis, the Court DISMISSES the case without prejudice. See Rule 3(a), 28 U.S.C. 20 foll. § 2254. If Petitioner wishes to proceed with this case, he must submit, no later than 21 November 30, 2017, a copy of this Order with the $5.00 fee or with adequate proof of his 22 inability to pay the fee. The Clerk of Court shall send a blank Southern District of 23 California In Forma Pauperis Application to Petitioner along with a copy of this Order. 24 25 IT IS SO ORDERED. Dated: September 26, 2017 26 27 28 1 17cv1926 CAB (JMA)

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?