Nevarez v. Godwin et al
Filing
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ORDER Denying #2 In Forma Pauperis Application; Dismissing Action without Prejudice. Because it appears Petitioner can pay the requisite filing fee, the Court DENIES Petitioner's request to proceed in forma pauperis and DISMISSES this habeas action without prejudice. To have the case reopened, Petitioner must submit a copy of this Order along with either: (1) the $5.00 filing fee or (2) adequate proof of his inability to do so, on or before August 2, 2021. Signed by Judge Michael M. Anello on 6/3/2021. (All non-registered users served via U.S. Mail Service) (tcf)
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
RUBEN NEVAREZ,
Case No. 21cv1040 MMA (RBM)
Petitioner,
v.
ORDER DENYING IN FORMA
PAUPERIS APPLICATION;
ROD GODWIN, Warden, et al.,
Respondents.
[Doc. No. 2]
DISMISSING ACTION WITHOUT
PREJUDICE
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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, along with a request to proceed in forma
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pauperis. See Doc. Nos. 1-2. The certified statement of recent account activity
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accompanying the request to proceed in forma pauperis reflects a $9.25 balance in
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Petitioner’s inmate trust account. See Doc. No. 2 at 6-7. The filing fee associated with
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this type of action is $5.00. See 28 U.S.C. § 1914(a).
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21cv1040 MMA (RBM)
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Because it appears Petitioner can pay the requisite filing fee, the Court DENIES
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Petitioner’s request to proceed in forma pauperis and DISMISSES this habeas action
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without prejudice. To have the case reopened, Petitioner must submit a copy of this
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Order along with either: (1) the $5.00 filing fee or (2) adequate proof of his inability to do
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so, on or before August 2, 2021.
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IT IS SO ORDERED.
DATE: June 3, 2021
______________________________
HON. MICHAEL M. ANELLO
United States District Judge
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21cv1040 MMA (RBM)
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