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Owino v. Gonzales

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


August 27, 2007

SYLVESTER O. OWINO, PETITIONER,
v.
ALBERTO GONZALES, ET AL. RESPONDENTS.

The opinion of the court was delivered by: Hon. Roger T. Benitez United States District Judge

ORDER DENYING IN FORMA PAUPERIS APPLICATION AS MOOT

Petitioner Sylvester O. Owino ("Petitioner"), proceeding pro se, has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. Petitioner has also filed a request to proceed in forma pauperis which reflects a $34.74 trust account balance at the facility in which he is presently confined.

It appears Petitioner can afford the $5.00 filing fee. Petitioner did in fact pay the filing fee on October 26, 2006. Accordingly, the Court DENIES the request to proceed in forma pauperis as moot.

IT IS SO ORDERED.

20070827

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