Dupree v. Chen et al

Filing 9

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/18/2011 ORDERING that this action is DISMISSED w/out prejudice. CASE CLOSED. (Yin, K)

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. JULIE CHEN, et al., Respondents. / Petitioner is a state prisoner proceeding without counsel with a petition for a writ of habeas corpus pursuant to 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). On February 11, 2011, the court ordered petitioner to file a completed request to proceed in forma pauperis or pay the filing fee within 30 days. Petitioner was warned that failure to do so would result dismissal. The 30-day period has expired and petitioner has not filed a request to proceed in forma pauperis or paid the filing fee. Accordingly, IT IS HEREBY ORDERED that this action is dismissed without prejudice. DATED: March 18, 2011. ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA RICHARD JOSE DUPREE, JR., Petitioner, No. CIV-S-10-3215 EFB (TEMP) P