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Norman Paul Blanco v. Michael Mcdonald

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


June 13, 2011

NORMAN PAUL BLANCO,
PETITIONER,
v.
MICHAEL MCDONALD, WARDEN, RESPONDENT.

The opinion of the court was delivered by: United States District Judge William Q. Hayes

ORDER

DENYING IN FORMA PAUPERIS APPLICATION AND PREJUDICE DISMISSING CASE WITHOUT

Petitioner, a state prisoner proceeding pro se, has not paid the $5.00 filing fee and has filed a Petition for a 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).

The request to proceed in forma pauperis is denied because Petitioner has not provided the Court with sufficient information to determine Petitioner's financial status. A request to proceed in forma pauperis made by a state prisoner must include a certificate from the warden or other appropriate officer showing the amount of money or securities Petitioner has on account in the institution. Rule 3(a)(2), 28 U.S.C. foll. § 2254; Local Rule 3.2. Petitioner has failed to provide the Court with the required Prison Certificate.

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 September 12, 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. The Clerk of Court shall send Petitioner a blank Southern District of California in forma pauperis form, which includes the required Prison Certificate, along with a copy of this Order

IT IS SO ORDERED.

20110613

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