Opinion
3:21-cv-1658-MMA (JLB)
09-24-2021
HILLERY ALLEN, Petitioner, v. PEOPLE OF CALIFORNIA, Respondent.
ORDER DISMISSING CASE WITHOUT PREJUDICE
Michael M. Anello United States District Judge
Hillery Allen (“Petitioner”), a state prisoner proceeding pro se, has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. See Doc. No. 1. Petitioner has failed to pay the $5.00 filing fee and has failed to move to proceed in forma pauperis. See Id. 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 S.D. Cal. Civ. L.R. 3.2(f). To have this case reopened, Petitioner must submit, no later than November 22, 2021, a copy of this Order with the $5.00 fee or with adequate proof of his inability to pay the fee. For Petitioner's convenience, 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.