Case Name in Immigration Case - Unavailable

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26-cv-1627-RSH-AHG
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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
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26-cv-1627-RSH-AHG
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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
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