UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
November 13, 2007
MARK STEVEN VILLEGAS, PETITIONER,
JAMES E. TILTON, SECRETARY RESPONDENT.
The opinion of the court was delivered by: Honorable Barry Ted Moskowitz United States District Judge
ORDER: (1) DENYING REQUEST TO PROCEED IN FORMA PAUPERIS; AND (2) NOTICE OF POSSIBLE DISMISSAL OF PETITION FOR FAILURE TO PAY IN FORMA PAUPERIS FILING FEE OR MOVE TO PROCEED
Petitioner, a state prisoner proceeding pro se, 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). According to Petitioner's prison trust account statement, he has a $22.94 balance in his account. The filing fee associated with this type of action is $5.00. See 28 U.S.C. § 1914(a). It appears Petitioner can pay the requisite filing fee. Accordingly, the Court DENIES the request to proceed in forma pauperis
Moreover, this Court cannot proceed until Petitioner has either paid the $5.00 filing fee or qualified to proceed in forma pauperis. See Rule 3(a), 28 U.S.C. foll. § 2254. Accordingly, Petitioner is notified that in order to avoid dismissal of his case, he must either pay the $5.00 filing fee or submit adequate proof of his inability to pay the filing fee no later than December 31, 2007. If Petitioner does not pay the $5.00 filing fee or submit adequate proof of his inability pay the fee by December 31, 2007 , his case will be dismissed without prejudice, and he will have to begin again by filing a new petition which may be barred by the statute of limitations.*fn1 For Petitioner's convenience, the Clerk of Court shall attach a blank in forma pauperis request form to this Order .
IT IS SO ORDERED.