Benitez v. Callahan et al
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)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
Case No.: 17cv1926 CAB (JMA)
ORDER DISMISSING CASE
CHARLES W. CALLAHAN, Warden,
Petitioner, a state prisoner proceeding pro se, has filed a Petition for Writ of
Habeas Corpus pursuant to 28 U.S.C. § 2254, but has failed to pay the $5.00 filing fee
and has failed to move to proceed in forma pauperis. Because this Court cannot proceed
until Petitioner has either paid the $5.00 filing fee or qualified to proceed in forma
pauperis, the Court DISMISSES the case without prejudice. See Rule 3(a), 28 U.S.C.
foll. § 2254. If Petitioner wishes to proceed with this case, he must submit, no later than
November 30, 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.
IT IS SO ORDERED.
Dated: September 26, 2017
17cv1926 CAB (JMA)
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