Scott v. Cates et al

Filing 3

ORDER Denying 2 Motion to Proceed in Forma Pauperis and Dismissing Case Without Prejudice. Signed by District Judge Robert S. Huie on 8/1/2022. (All non-registered users served via U.S. Mail Service)(ave)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 Case No.: 22-CV-1101-RSH (JLB) ELLIS BERNARD SCOTT, Petitioner, 12 13 v. 14 B. CATES, Warden, et al., ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS AND DISMISSING CASE WITHOUT PREJUDICE Respondents. 15 16 17 Petitioner Ellis Bernard Scott, a state prisoner proceeding pro se, has filed a Petition 18 for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 along with a motion to proceed 19 in forma pauperis. ECF Nos. 1–2. 20 FILING FEE REQUIREMENT 21 Petitioner has filed a motion to proceed in forma pauperis together with a trust 22 account statement which reflects a $10.86 balance in his prison trust account at the 23 California Correctional Institution where he is presently confined. ECF No. 2 at 5, 8. The 24 filing fee associated with this type of action is $5.00. See 28 U.S.C. § 1914(a). Because it 25 appears Petitioner can pay the $5.00 filing fee, Petitioner’s motion to proceed in forma 26 pauperis is DENIED. 27 The Court cannot proceed until Petitioner has either paid the $5.00 filing fee or has 28 qualified to proceed in forma pauperis. See Rules Governing § 2254 Cases, Rule 3(a), 28 1 22-CV-1101-RSH (JLB) 1 U.S.C. foll. § 2254. The instant case is therefore subject to dismissal because Petitioner has 2 failed to satisfy the filing fee requirement. 3 CONCLUSION AND ORDER 4 The Court hereby DENIES Petitioner’s motion to proceed in forma pauperis (ECF 5 No. 2) and DISMISSES the case without prejudice. If Petitioner wishes to proceed with 6 this case, he must submit, no later than September 30, 2022, a copy of this Order with 7 either: (1) the $5.00 fee OR (2) adequate proof of his inability to pay the fee. The Clerk of 8 Court shall send a blank Southern District of California In Forma Pauperis Application to 9 Petitioner along with a copy of this Order. 10 IT IS SO ORDERED. 11 Dated: August 1, 2022 12 ______________________________ 13 Hon. Robert S. Huie United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 22-CV-1101-RSH (JLB)

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