Opinion
22-cv-583-MMA (BGS)
04-29-2022
DESHAWN C. DORSEY, Petitioner, v. R.C. JOHNSON et al., Respondents.
ORDER DENYING IN FORMA PAUPERIS APPLICATION AND DISMISSING CASE WITHOUT PREJUDICE
HON. MICHAEL M. ANELLO UNITED STATES DISTRICT JUDGE
Petitioner Deshawn C. Dorsey (“Petitioner”), a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, along with an application to proceed in forma pauperis. See Doc. Nos. 1, 2.
REQUEST TO PROCEED IN FORMA PAUPERIS
The Court denies Petitioner's request to proceed in forma pauperis because Petitioner has not provided the Court with sufficient information to determine his financial status. A request to proceed in forma pauperis made by a state prisoner must include a certificate from the warden or other appropriate officer showing the amount of money or securities Petitioner has on account in the institution. Rule 3(a)(2), 28 U.S.C. foll. § 2254; Local Rule 3.2. Although Petitioner has attached a copy of a prison certificate to his motion, it contains no financial information. See Doc. No. 2 at 4. Because Petitioner has not provided the Court with the required financial information, the Court DENIES the request to proceed in forma pauperis and DISMISSES the case without prejudice. To have the case reopened, Petitioner must, on or before June 29, 2022 , provide the Court with: (1) a copy of this Order together with the $5.00 filing fee; or (2) a copy of this Order together with adequate proof Petitioner cannot pay the $5.00 filing fee. The Court DIRECTS the Clerk of Court to send Petitioner a blank Southern District of California in forma pauperis application that contains the proper prison certificate along with a copy of this Order.
IT IS SO ORDERED.