Nguon v. Virga

Filing 6

ORDER signed by Magistrate Judge Craig M. Kellison on 5/10/2011 ORDERING ptnr to SHOW CAUSE in writing, w/in 30 days, why this action should not be dismissed for failure to resolve the fee status. (Yin, K)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 HUNG DUONG NGUON, 12 No. CIV S-11-0470-CMK-P Petitioner, 13 vs. 14 TIM V. VIRGA, 15 ORDER Respondent. 16 / 17 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of 18 habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has consented to Magistrate Judge 19 jurisdiction pursuant to 28 U.S.C. § 636(c) and no other party has been served or appeared in the 20 action. 21 On April 6, 2011, the court directed petitioner to submit either a completed 22 application for leave to proceed in forma pauperis or the full filing fee for this action within 30 23 days. Petitioner was warned that failure to comply may result in dismissal of this action for lack 24 of prosecution and failure to comply with court rules and orders. See Local Rule 110. To date, 25 petitioner has failed to comply. 26 /// 1 1 Petitioner shall show cause in writing, within 30 days of the date of this order, 2 why this action should not be dismissed for failure to resolve the fee status for this case. 3 Petitioner is again warned that failure to respond to this order may result in dismissal of the 4 action for the reasons outlined above, as well as for failure to prosecute and comply with court 5 rules and orders. See id. 6 IT IS SO ORDERED. 7 8 9 10 DATED: May 10, 2011 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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