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Cuong Qouc Lau v. Robert Cully

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


January 10, 2011

CUONG QOUC LAU,
PETITIONER,
v.
ROBERT CULLY,
DEPARTMENT OF HOMELAND SECURITY, BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT, ET AL., RESPONDENT.

The opinion of the court was delivered by: Honorable Janis L. Sammartino United States District Judge

ORDER DENYING IN FORMA ACTING ASSISTANT PAUPERIS APPLICATION AND FIELD OFFICER DIRECTOR, DISMISSING CASE WITHOUT PREJUDICE

Petitioner, a detainee in the custody of the Department of Homeland Security, Bureau of Immigration and Customs Enforcement, 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 $254.45 trust account balance at the facility in which he is presently confined.

It appears Petitioner can afford the $5.00 filing fee. Accordingly, the Court DENIES the request to proceed in forma pauperis, and DISMISSES the case without prejudice. To have the case reopened, Petitioner must, no later than March 11, 2011, provide the Court with: (1) a copy of this Order together with the $5.00 filing fee; or (2) a copy of this Order together with adequate proof that Petitioner cannot pay the $5.00 filing fee.

IT IS SO ORDERED.

20110110

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