United States District Court, S.D. California
December 19, 2005.
COREY BARNES, Petitioner,
J.F. SALAZAR, Warden, Respondent.
The opinion of the court was delivered by: THOMAS WHELAN, District Judge
ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS AND 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,
along with a Motion to proceed in forma pauperis.
The request to proceed in forma pauperis is DENIED without
prejudice 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. (The
proper Southern District in forma pauperis form, which includes
the required Prison Certificate, is attached for Petitioner's
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 February
13, 2006, a copy of this Order with the $5.00 fee or with
adequate proof of his inability to pay the fee.
IT IS SO ORDERED.
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