Opinion
22cv0181 JO (JLB)
02-10-2022
HUNG DUONG NGUON, Petitioner, v. RAYMOND MADDEN, Respondent.
ORDER DISMISSING CASE WITHOUT PREJUDICE
Jinsook Ohta 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 (see ECF No. 1), but has failed to pay the $5.00 filing fee and has failed to 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. foil. § 2254. If Petitioner wishes to proceed with this case, he must submit, no later than April 11, 2022, a copy of this Order with the $5.00 fee or with adequate proof of his inability to pay the fee. The Clerk of 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.