Lopez v. Borla et al

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26-cv-1585-JES-DEB
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
MANUEL LOPEZ,
Petitioner,
v.
EDWARD BORLA, et al.,
Respondents.
Case No.: 26-cv-1585-JES-DEB
ORDER DENYING MOTION TO
PROCEED IN FORMA PAUPERIS
AND DISMISSING CASE WITHOUT
PREJUDICE
[ECF No. 2]
Petitioner Manuel Lopez (“Petitioner”), a state prisoner proceeding pro se, has filed
a Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2254. ECF No. 1. Petitioner has
also filed a motion to proceed in forma pauperis. ECF No. 2. Upon review, and for the
reasons discussed below, the Court DENIES the motion to proceed in forma pauperis and
DISMISSES the case without prejudice.
I. 	MOTION TO PROCEED IN FORMA PAUPERIS
A motion to proceed in forma pauperis made by a state prisoner must include an
affidavit with a statement of all assets showing an inability to pay the $5.00 filing fee, and
must also include “a certificate from the warden or other appropriate officer of the place of
confinement showing the amount of money or securities that the petitioner has in any
account in the institution.” R. 3(a)(2), Rules Governing Section 2254 Cases (2019); see
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26-cv-1585-JES-DEB
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also S.D. Cal. CivLR 3.2. The declaration in support of the request to proceed in forma
pauperis “must be executed under penalty of perjury.” S.D. Cal. CivLR 3.2.a. The motion
must also “contain a certified copy of the trust fund account statement (or institutional
equivalent) for the prisoner for the 6-month period immediately preceding the filing of the
suit or notice of appeal, obtained from the appropriate official of each prison at which the
prisoner is or was confined.” S.D. Cal. CivLR 3.2.b; see also 28 U.S.C. § 1915(a)(2).
Here, Petitioner has submitted the requisite documents but has failed to sign the
declaration in support of his request to proceed in forma pauperis under penalty of perjury.
See ECF No. 2 at 3. Additionally, Petitioner has filed a trust account statement which
reflects a $590.91 balance in his prison trust account at the California correctional
institution in which he is presently confined. Id. at 7. The filing fee associated with this
type of action is $5.00. See 28 U.S.C. § 1914(a). Because Petitioner has failed to sign the
required declaration under penalty of perjury, and because in any event it appears he can
pay the $5.00 filing fee, Petitioner’s motion to proceed in forma pauperis is DENIED.
This Court cannot proceed until Petitioner has either paid the $5.00 filing fee or has
qualified to proceed in forma pauperis. See Rule 3(a), Rules Governing Section 2254 Cases
(2019). The instant case is therefore subject to dismissal because Petitioner has failed to
satisfy the filing fee requirement.
II. 	CONCLUSION
For the reasons discussed above, the Court DENIES the motion to proceed in forma
pauperis [ECF No. 2] and DISMISSES the case without prejudice for failure to satisfy the
filing fee requirement. To have this case reopened, Petitioner must submit, no later than
May 17, 2026, a copy of this Order along with the requisite $5.00 filing fee.
IT IS SO ORDERED.
Dated: March 17, 2026
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