Opinion
3:23-cv-00288-MMD-CLB
07-26-2023
SALVADOR RICO-RIVAS, Petitioner, v. NETHANJAH BREITENBACH, et al., Respondents.
ORDER
MIRANDA M. DU CHIEF UNITED STATES DISTRICT JUDGE.
Salvador Rico-Rivas has submitted a pro se petition for writ of habeas corpus, under 28 U.S.C. § 2254. (ECF No. 1-1.) He has not paid the $5.00 filing fee. While he has submitted the required completed financial certificate and inmate account statements (ECF No. 4), he has not filed an application to proceed in forma pauperis. See 28 U.S.C. § 1915(a)(2); LSR 1-2.
The Court notes that the financial certificate and account statements provided demonstrate that Rico-Rivas is able to pay the $5.00 filing fee. Based on the current information that the Court has, an application to proceed in forma pauperis would be denied.
This action therefore is subject to dismissal without prejudice as improperly commenced. However, it is unclear from the papers presented whether a dismissal without prejudice will materially affect a later analysis of any timeliness issue with respect to a new action.
It is therefore ordered that, within 30 days of the date of this order, Petitioner must submit either the $5.00 filing fee or a fully completed application to proceed in forma pauperis.
It is further ordered that failure to do so may result in the dismissal of this action without prejudice.
It is further ordered that the Clerk of Court retain the petition but not file it at this time.