Nasirichampang v. Almager Doc.

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Case 3:07-cv-01129-L-AJB Document 6 Filed 07/10/2007 Page 1 of 2

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8 UNITED STATES DISTRICT COURT
9 SOUTHERN DISTRICT OF CALIFORNIA
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SOMCHIT J. NASIRICHAMPANG, Civil No. 07cv1129-L (AJB)
12 Petitioner,
ORDER DENYING IN FORMA
13 v. PAUPERIS APPLICATION AND
DISMISSING CASE WITHOUT
14 VICTOR M. ALMAGER, Warden, PREJUDICE
15 Respondent.

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17 On June 21, 2007, Petitioner, a state prisoner proceeding pro se, filed a Petition for Writ
18 of Habeas Corpus pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma
19 pauperis pursuant to 28 U.S.C. § 1915(a). On June 26, 2007, the Court denied the request to
20 proceed in forma pauperis because Petitioner had not provided the Court with sufficient informa-
21 tion to determine Petitioner’s financial status. The denial was without prejudice to Petitioner to
22 either paying the filing fee or submitting an application to proceed in forma pauperis which
23 included a certificate from the warden or other appropriate officer showing the amount of money
24 or securities Petitioner has on account in the institution. See Rule 3(a)(2), 28 U.S.C. foll.
25 § 2254; Local Rule 3.2.
26 Petitioner has now filed a second Motion to Proceed In Forma Pauperis. (Doc. No. 5.)
27 However, Petitioner has once again failed to provide the Court with the required Prison
28 Certificate. Accordingly, the Court DENIES the request to proceed in forma pauperis, and
K:\COMMON\EVERYONE\_EFILE-PROSE\L\07cv1129-Dismiss2.wpd, 7107 -1- 07cv1129

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 Case 3:07-cv-01129-L-AJB Document 6 Filed 07/10/2007 Page 2 of 2

1 DISMISSES the case without prejudice. To have the case reopened, Petitioner must, no later
2 than September 10, 2007, provide the Court with: (1) a copy of this Order together with the
3 $5.00 filing fee; or (2) a copy of this Order together with adequate proof that Petitioner cannot
4 pay the $5.00 filing fee.
5 IT IS SO ORDERED.
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7 DATED: July 10, 2007
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M. James Lorenz
9 United States District Court Judge
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11 CC: ALL PARTIES

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K:\COMMON\EVERYONE\_EFILE-PROSE\L\07cv1129-Dismiss2.wpd, 7107 -2- 07cv1129