Opinion
21cv1040 MMA (RBM)
06-03-2021
RUBEN NEVAREZ, Petitioner, v. ROD GODWIN, Warden, et al., Respondents.
ORDER DENYING IN FORMA PAUPERIS APPLICATION; [DOC. NO. 2]
DISMISSING ACTION WITHOUT PREJUDICE
MICHAEL M. ANELLO UNITED STATES DISTRICT JUDGE
Petitioner, a state prisoner proceeding pro se, has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, along with a request to proceed in forma pauperis. See Doc. Nos. 1-2. The certified statement of recent account activity accompanying the request to proceed in forma pauperis reflects a $9.25 balance in Petitioner's inmate trust account. See Doc. No. 2 at 6-7. The filing fee associated with this type of action is $5.00. See 28 U.S.C. § 1914(a).
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 .
IT IS SO ORDERED.