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Vargas v. Hernandez

United States District Court, S.D. California
Sep 16, 2005
Civil No. 05cv1767-JAH(WMc) (S.D. Cal. Sep. 16, 2005)

Opinion

Civil No. 05cv1767-JAH(WMc).

September 16, 2005


ORDER DENYING IN FORMA PAUPERIS APPLICATION AND DISMISSING CASE WITHOUT PREJUDICE


Petitioner, a state prisoner proceeding pro se, has not paid the $5.00 filing fee and has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a).

The request to proceed in forma pauperis is denied because Petitioner has not provided the Court with sufficient information to determine Petitioner's 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. Petitioner has failed to provide the Court with a completed Prison Certificate. (The proper Southern District in forma pauperis form, which includes the required Prison Certificate, is attached for Petitioner's convenience.)

Accordingly, the Court DENIES the request to proceed in forma pauperis, and DISMISSES the case without prejudice. To have the case reopened, Petitioner must, no later than November 14, 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.

IT IS SO ORDERED.


Summaries of

Vargas v. Hernandez

United States District Court, S.D. California
Sep 16, 2005
Civil No. 05cv1767-JAH(WMc) (S.D. Cal. Sep. 16, 2005)
Case details for

Vargas v. Hernandez

Case Details

Full title:RICARDO B. VARGAS, Petitioner, v. ROBERT J. HERNANDEZ, Warden, et al.…

Court:United States District Court, S.D. California

Date published: Sep 16, 2005

Citations

Civil No. 05cv1767-JAH(WMc) (S.D. Cal. Sep. 16, 2005)