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Villegas v. Tilton

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


November 13, 2007

MARK STEVEN VILLEGAS, PETITIONER,
v.
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.


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