Opinion
No. C 03-2913 SI (pr)
August 7, 2003
JUDGMENT
The action is dismissed without prejudice to petitioner filing a new action for which he pays a filing fee or files an in forma pauperis application at the time he files the new action.
IT IS SO ORDERED AND ADJUDGED.
ORDER OF DISMISSAL
This pro se habeas action was transferred to this court from the U.S. District Court for the Central District of California and was filed in this court on June 24, 2003. When the action was originally filed in the Central District of California, that court requested petitioner to file an in forma pauperis application or pay the filing fee. He did neither. When the action was transferred to this court, on June 24, 2003, the court notified petitioner in writing that the action was deficient due to the failure to pay the filing fee or furnish a completed and signed Court-approved in forma pauperis application. Petitioner was advised that failure to pay the fee or file the application within thirty days would result in dismissal of the action. Petitioner has failed to timely provide the Court with either the filing fee or a completed in forma pauperis application. The action is DISMISSED without prejudice for failure to pay the filing fee or submit a completed in forma pauperis application. Petitioner may file a new action, but should include a filing fee or an in forma pauperis application with a petition for writ of habeas corpus to commence that new action. Because this action is now being dismissed, petitioner should not file an in forma pauperis application or pay the filing fee in this action. The Clerk shall close the file.
IT IS SO ORDERED.