Case Name in Immigration Case - Unavailable

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26-cv-1367-RSH-JLB
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
MOISES PEREZ-MARTINEZ,
A226-166-015,
Petitioner,
v.
WARDEN OF IMPERIAL REGIONAL
DETENTION FACILITY, et al.,
Respondents.
Case No.: 26-cv-1367-RSH-JLB
ORDER:
(1) DENYING MOTION TO
PROCEED IN FORMA PAUPERIS
AND
(2) SETTING DEADLINE TO AVOID
DISMISSAL OF PETITION FOR
FAILURE TO SATISFY FILING FEE
REQUIREMENT
[ECF No. 2]
Petitioner Moises Perez-Martinez (“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 a Writ of Habeas Corpus pursuant to 28 U.S.C.
§ 2241. ECF No. 1. Petitioner has also filed a motion to proceed in forma pauperis, see
ECF No. 2, but Petitioner indicates in his application and declaration that he has $75.00 in
“cash on hand.” 	Id. at 2. 	Additionally, a document entitled “MTC – Imperial Regional
Detention Center Resident Account Statement,” which has been docketed as an exhibit to
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26-cv-1367-RSH-JLB
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the Petition, appears to reflect $62.50 in available funds. See ECF No. 1-2 at 1. The filing
fee associated with this type of action is $5.00. See 28 U.S.C. § 1914(a). Because it appears
Petitioner can pay the $5.00 filing fee, Petitioner’s motion to proceed in forma pauperis
[ECF No. 2] is DENIED.
Because the Court cannot proceed until Petitioner has either paid the $5.00 filing fee
or has qualified to proceed in forma pauperis, this case is subject to dismissal without
prejudice. See S.D. Cal. CivLR 3.2; see also R. 1(b), 3(a), Rules Governing Section 2254
Cases (2019). To avoid dismissal of this habeas case, Petitioner must, no later than May
4, 2026: (1) pay the $5.00 filing fee OR (2) submit adequate proof of Petitioner’s inability
to pay the fee. For Petitioner’s convenience, the Clerk of Court shall attach to this Order
a blank application to proceed in forma pauperis.
IT IS SO ORDERED.
Dated: March 5, 2026
____________________
Hon. Robert S. Huie
United States District Judge
Case 3:26-cv-01367-RSH-JLB Document 4 Filed 03/05/26 PageID.<pageID> Page
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