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Ortega-Moreno v. Dep't of Homeland Security

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


February 25, 2008

ARTURO ORTEGA-MORENO, PETITIONER,
v.
DEPARTMENT OF HOMELAND SECURITY, RESPONDENT.

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

ORDER DENYING IN FORMA PAUPERIS APPLICATION AND DISMISSING CASE WITHOUT PREJUDICE

Petitioner, a Department of Homeland Security detainee proceeding pro se, has filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, along with a request to proceed in forma pauperis. The filing fee associated with this type of action is $5.00. See 28 U.S.C. § 1914(a).

Based upon a review of the financial information submitted in support of the motion to proceed in forma pauperis, it appears Petitioner can pay the requisite filing fee. Accordingly, the Court DENIES the request to proceed in forma pauperis, and DISMISSES the case without prejudice; Petitioner may submit a copy of this order along with the requisite fee no later than April 25, 2008, to have the case reopened.

IT IS SO ORDERED.

20080225

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