Opinion
2:16-cv-01234-JAD-VCF
06-10-2016
Edward Barber, Petitioner v. Brian William, et al., Respondents
Order Denying Motion to Proceed in forma pauperis and Dismissing Case without Prejudice [ECF No. 1]
On May 31, 2016, Edward Barber filed an application to proceed in forma pauperis, but he has not submitted an accompanying habeas petition. Barber's IFP application shows that he is able to pay the $5 filing fee for a habeas action, so I deny his application for pauper status. And because Barber has not filed a habeas petition or any other initiating document in this case, I dismiss this case without prejudice. Barber is instructed that if he wishes to file a habeas petition in this court, he must initiate a new action, use the approved form for use by a pro se petitioner, and pay the $5 filing fee in full. If Barber is unable to pay the full filing fee, he must submit a new application to proceed in forma pauperis that demonstrates his inability to do so.
ECF No. 1. --------
Conclusion
Accordingly, IT IS HEREBY ORDERED that Barber's application to proceed in forma pauperis [ECF No. 1] is DENIED, and this action is DISMISSED without prejudice.
The Clerk of Court is directed to enter judgment accordingly and CLOSE THIS CASE.
Dated this 10th day of June, 2016.
/s/_________
Jennifer A. Dorsey
United States District Judge