Opinion
Civil No. 05cv1740-WQH (AJB).
September 25, 2005
ORDER DISMISSING CASE WITHOUT PREJUDICE
Petitioner, a state prisoner proceeding pro se, has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. Petitioner has neither paid the filing fee nor filed a request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a).
Although Petitioner has attached an incomplete copy of a prison certificate to the Petition, it is insufficient to provide a basis for the Court to grant him leave to proceed in forma pauperis. 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. Petitioner has failed to provide the Court with the required completed Prison Certificate. 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. To have the case reopened, Petitioner must, no later than November 28, 2005, 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 that Petitioner cannot pay the $5.00 filing fee.
For Petitioner's convenience, a blank Motion to Proceed in Forma Pauperis is included with this Order.
IT IS SO ORDERED.