Contreras v. Department of Homeland Security et al
| Jose Contreras |
| Department of Homeland Security, Immigration & Customs Enforcement, Department of Corrections, Calipatria State Prison, DOES 1 to 10, Inclusive and United States |
| 3:2007cv01303 |
| July 18, 2007 |
| US District Court for the Southern District of California |
| San Diego Office |
| Imperial |
| Ruben B. Brooks |
| William Q. Hayes |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
2
ORDER DISMISSING CASE Without Prejudice: The Court denies Petitioner's request for a stay of deportation and dismisses this action without prejudice because Petitioner has failed to satisfy the filing fee requirement and has failed to allege a b asis for habeas jurisdiction. To have this case reopened, Petitioner must satisfy the filing fee requirement and file a First Amended Petition no later than 10/23/07. The dismissal of the Petition is also without prejudice to Petitioner to file a sep arate civil rights complaint, if he wishes, pursuant to 42 U.S.C. Section 1983. Petitioner's motion for appointment of counsel is denied without prejudice. The Clerk of the Court shall send Petitioner a blank in forma pauperis application along with a copy of this Order. Signed by Judge William Q. Hayes on 7/31/07. (Copy of this Order and a blank IFP form mailed to Petitioner.) (mdc)(bar ).
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