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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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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Case No.: 22-CV-1101-RSH (JLB)

ELLIS BERNARD SCOTT,
Petitioner,

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v.

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B. CATES, Warden, et al.,

ORDER DENYING MOTION TO
PROCEED IN FORMA PAUPERIS
AND DISMISSING CASE WITHOUT
PREJUDICE

Respondents.

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Petitioner Ellis Bernard Scott, a state prisoner proceeding pro se, has filed a Petition

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for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 along with a motion to proceed

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in forma pauperis. ECF Nos. 1–2.

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FILING FEE REQUIREMENT

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Petitioner has filed a motion to proceed in forma pauperis together with a trust

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account statement which reflects a $10.86 balance in his prison trust account at the

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California Correctional Institution where he is presently confined. ECF No. 2 at 5, 8. The

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filing fee associated with this type of action is $5.00. See 28 U.S.C. § 1914(a). Because it

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appears Petitioner can pay the $5.00 filing fee, Petitioner’s motion to proceed in forma

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pauperis is DENIED.

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The Court cannot proceed until Petitioner has either paid the $5.00 filing fee or has

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qualified to proceed in forma pauperis. See Rules Governing § 2254 Cases, Rule 3(a), 28
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22-CV-1101-RSH (JLB)

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U.S.C. foll. § 2254. The instant case is therefore subject to dismissal because Petitioner has

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failed to satisfy the filing fee requirement.

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CONCLUSION AND ORDER

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The Court hereby DENIES Petitioner’s motion to proceed in forma pauperis (ECF

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No. 2) and DISMISSES the case without prejudice. If Petitioner wishes to proceed with

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this case, he must submit, no later than September 30, 2022, a copy of this Order with

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either: (1) the $5.00 fee OR (2) adequate proof of his inability to pay the fee. The Clerk of

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Court shall send a blank Southern District of California In Forma Pauperis Application to

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Petitioner along with a copy of this Order.

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IT IS SO ORDERED.

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Dated: August 1, 2022

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______________________________

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Hon. Robert S. Huie
United States District Judge

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22-CV-1101-RSH (JLB)