Alldredgev.Davis

United States District Court, N.D. CaliforniaAug 5, 2004
No. C 04-1888 MMC (PR) (N.D. Cal. Aug. 5, 2004)

No. C 04-1888 MMC (PR).

August 5, 2004


ORDER OF DISMISSAL


MAXINE CHESNEY, District Judge

Petitioner, a California prisoner, filed this pro se petition for a writ of habeas corpus on May 12, 2004. On that same date, the Court notified petitioner in writing that the action was deficient due to petitioner's failure to pay the requisite filing fee or, instead, submit a signed and completed court-approved in forma pauperis ("IFP") application. Along with the notice, the Court sent to petitioner copies of the Court's IFP application, instructions for completing the application, and a stamped return envelope. Petitioner was advised that failure to pay the filing fee or to complete the IFP application within thirty days would result in dismissal of this action. Petitioner has not responded. Accordingly, this action is DISMISSED without prejudice to petitioner's filing a new action in which he either pays the filing fee or completes an IFP application.

The Clerk shall close the file and terminate any pending motions.

IT IS SO ORDERED.

JUDGMENT IN A CIVIL CASE

Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict.

[X] Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.

IT IS ORDERED AND ADJUDGED this action is DISMISSED without prejudice to petitioner's filing a new action in which he either pays the filing fee or completes an IFP application.