UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA J S 6

CIVIL MINUTES — GENERAL

Case No. 2:24-cv-04537-SVW-PVC Date: September 19, 2024 Title: Michelle Estelle Caldera v. A. Delacruz

Present: The Honorable STEPHEN V. WILSON, U.S. District Judge

Paul Cruz Not Reported Deputy Clerk Court Reporter / Recorder Attorneys Present for Petitioner: Attorneys Present for Respondent: None Present None Present

Proceedings (In Chambers): ORDER DISMISSING CASE FOR FAILURE TO

PAY FILING FEE OR FILE A COMPLETE

REQUEST FOR JN FORMA PAUPERIS STATUS

All parties instituting a habeas action in a district court of the United States must pay a filing fee. 28 U.S.C. § 1914(a). An action may proceed despite a party’s failure to pay the fee only if the party is granted leave to proceed in forma pauperis. See 28 U.S.C. § 1915(a)(1); Rule 3(a), 28 U.S.C. foll. § 2254. On July 2, 2024, the Court postponed ruling on Petitioner’s request to proceed in forma pauperis (“Request”) because it was incomplete and directed Petitioner to refile a Request or pay the $5 filing fee. Dkts. 3, 5. The Court warned that if Petitioner did not comply within 30 days, the case would be dismissed without prejudice. Dkt. 5. On August 5, 2024, Petitioner filed a cryptic letter that appeared to indicate the filing fee would be sent from her prison trust account. Dkt. 6. As a courtesy, the Court informally postponed ruling on this matter to allow for receipt of the late payment.

Civil Minutes — General Page 1 of 2

CIVIL MINUTES – GENERAL

Case No. 2:24-cv-04537-SVW-PVC Date: September 19, 2024 Title: Michelle Estelle Caldera v. A. Delacruz

However, to date, no such payment has been received. As Petitioner has not refiled a Request, paid the filing fee, or provided any other information on the status of payment of the filing fee, this action is DISMISSED without prejudice. See, e.g., Dumphy v. CDC, 2008 WL 4344767, at *1 (S.D. Cal. Sept. 23, 2008) (federal court cannot proceed on habeas petition until petitioner has paid fee or qualified for in forma pauperis status, and properly dismisses action without prejudice if petitioner fails to do either).

IT IS SO ORDERED.