United States District Court, S.D. California
September 16, 2005.
RICARDO B. VARGAS, Petitioner,
ROBERT J. HERNANDEZ, Warden, et al., Respondents.
The opinion of the court was delivered by: JOHN HOUSTON, Magistrate Judge
ORDER DENYING IN FORMA PAUPERIS APPLICATION AND DISMISSING CASE
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
IT IS SO ORDERED.
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