Opinion
No. C 03-4425 MMC (PR), (Docket Nos. 2, 3 5)
November 4, 2003
ORDER OF DISMISSAL
Petitioner, a California prisoner, filed this pro se petition for a writ of habeas corpus on September 30, 2003. That same date, the Court notified petitioner in writing that the action was deficient due to petitioner's failure to pay the requisite filing fee or, instead, submit a signed and completed court-approved in forma pauperis ("IFP") application. Specifically, petitioner submitted a statement from his trust account from between January 1, 2003 and June 12, 2003, instead of the required statement for the six months prior to the filing of this action. Petitioner was advised that failure to pay the filing fee or to complete the IFP application, including an updated trust account statement, within thirty days would result in dismissal of this action. In response, petitioner filed another copy of the same, outdated trust account statement. As petitioner has not updated his trust account statement, the Court cannot discern his present ability to pay the filing fee. In light of petitioner's failure to comply in a timely manner with the Court's notice to pay the filing fee or provide an updated trust account statement, this action is DISMISSED without prejudice to petitioner's filing a new action in which either he pays the filing fee or completes an IFP application with an updated trust account statement.
Petitioner filed a previous action in this Court in June 2003. The statement submitted herein appears to be a copy of the statement filed in that action.
All pending motions are TERMINATED.
The Clerk shall close the file.
IT IS SO ORDERED.