Opinion
21-CV-1395 JLS (AHG)
08-18-2021
PEDRO RODRIGUEZ, Petitioner, v. WARDEN FISHER, Valley State Prison, Respondent.
ORDER DISMISSING CASE WITHOUT PREJUDICE FOR FAILURE TO PAY FILING FEE OR MOVE TO PROCEED IN FORMA PAUPERIS
Hon. Janis L. Sammartino United States District Judge.
On August 3, 2021, Petitioner Pedro Rodriguez, a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 in the United States District Court for the Eastern District of California. See ECF No. 1. On August 4, 2021, the case was transferred to this District and assigned to this Court. See ECF Nos. 2-4.
Petitioner has failed either to (1) pay the $5.00 filing fee or (2) move to proceed in forma pauperis. 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 Rule 3(a), 28 U.S.C. foll. § 2254. If Petitioner wishes to proceed with this case, he must file, no later than October 19, 2021, a copy of this Order with either (1) the $5.00 fee or (2) adequate proof of his inability to pay the fee. The Clerk of the 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.