Case 3:08-cv-01007-H-CAB
Document 3
Filed 06/11/2008
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
JAVIER ESPINOZA RODRIGUEZ, Petitioner, v. JOHN C. MARSHALL, Warden, Respondent.
Civil No.
08cv1007-H (CAB)
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, 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. foll. § 2254. If Petitioner wishes to proceed with this case, he must submit, no later than August 6, 2008, 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. DATED: June 11, 2008 _________________________________________ Marilyn L. Huff United States District Judge
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