Kelley v. California Department of Corrections et al

Filing 13

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/04/10 DISMISSING CASE without prejudice. CASE CLOSED. (Plummer, M)

(HC) Kelley v. California Department of Corrections et al

Doc. 13

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 vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., Respondents. / ORDER ISAAC KELLEY, Petitioner, No. CIV S-09-1680 EFB P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Petitioner, a prisoner without counsel, has filed a petition for writ of habeas corpus. See 28 U.S.C. § 2254. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1) and is before the undersigned pursuant to petitioner's consent. See 28 U.S.C. § 636; see also E.D. Cal. Local Rules, Appx. A, at (k)(4). To proceed with a civil action a plaintiff must pay the $350 filing fee required by 28 U.S.C. § 1914(a) or request leave to proceed in forma pauperis and submit the affidavit and trust account statement required by 28 U.S.C. § 1915(a). On August 6, 2010, the court found that petitioner had failed to pay the filing fee required by 28 U.S.C. § 1914(a) and had not properly requested leave to proceed in forma pauperis under 28 U.S.C. § 1915(a). The court ordered petitioner to submit within 21 days either (1) the
1

Dockets.Justia.com

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

required filing fee, (2) a proper application to proceed in forma pauperis, or (3) the in forma pauperis affidavit required by 28 U.S.C. § 1915(a)(1) along with documentation, or a declaration, explaining why petitioner could not comply with 28 U.S.C. § 1915(a)(2). The court ordered the Clerk to send petitioner a form in forma pauperis application and warned petitioner that failure to comply with the order would result in dismissal. More than twenty-one days have passed and petitioner has not submitted the required filing fee, an application to proceed in forma pauperis or otherwise responded to the court's order.1 Accordingly, it is hereby ORDERED that this action is dismissed without prejudice. Dated: October 4, 2010.

On August 12, 2010, petitioner submitted a notice of change of address. On August 31, 2010, the Clerk reserved the August 6 order on petitioner at his new address.
2

1