Free Order IFP Denied - Case Dismissed - District Court of California - California

Case 3:08-cv-01037-IEG-PCL

Document 5

Filed 07/28/2008

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Court notes that Petitioner attached to his in forma pauperis application, a request to withdraw $5.00 from his prison trust account. It appears Petitioner signed the request on July 6, 2008. As of the date of this Order, this Court has not received the $5.00 from the correctional facility to which Petitioner is confined.
K:\COMMON\EVERYONE\_EFILE-PROSE\IEG\08cv1037_dismiss.wpd, 7288

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

LEOVARDO SALCEDA, Petitioner, v. JOHN F. SALAZAR, Warden, et al., Respondents.

Civil No.

08-1037 IEG (PCL)

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 the required Prison Certificate.1

1

-1-

Case 3:08-cv-01037-IEG-PCL

Document 5

Filed 07/28/2008

Page 2 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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 September 8, 2008, 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, the Clerk of Court shall attach an in forma pauperis form to this Order. IT IS SO ORDERED.

DATED: July 28, 2008 IRMA E. GONZALEZ, Chief Judge United States District Court

K:\COMMON\EVERYONE\_EFILE-PROSE\IEG\08cv1037_dismiss.wpd, 7288

-2-