3:26-cv-01627•Case Name in Immigration Case - Unavailable
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1 26-cv-1627-RSH-AHG 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA HAC NHU NGUYEN, A#021439074, Petitioner, v. WARDEN OF IMPERIAL REGIONAL DETENTION FACILITY, et al., Respondents. Case No.: 26-cv-1627-RSH-AHG 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 Hac Nhu Nguyen (“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, along with a motion to proceed in forma pauperis. ECF Nos. 1-2. Upon review, a document entitled “MTC – Imperial Regional Detention Center Resident Account Statement,” which Petitioner submitted along with the motion to proceed in forma pauperis, appears to reflect $34.66 in available funds in Petitioner’s account. See ECF No. 2 at 7. The filing fee associated with this type of action is $5.00. See 28 U.S.C. § 1914(a). Case 3:26-cv-01627-RSH-AHG Document 3 Filed 03/17/26 PageID.<pageID> Page 1 of 2
2 26-cv-1627-RSH-AHG 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 18, 2026: (1) pay the $5.00 filing fee OR (2) submit adequate proof of Petitioner’s inability to pay the fee.1 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 17, 2026 ______________________________ Hon. Robert S. Huie United States District Judge 1 In setting this deadline, the Court also recognizes that Petitioner appears to indicate he has encountered difficulties in obtaining a “signature” or “the $5 money orders because the finance people they don’t issue the inmate finance fund anymore.” ECF No. 2 at 5. Case 3:26-cv-01627-RSH-AHG Document 3 Filed 03/17/26 PageID.<pageID> Page 2 of 2
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