Cail v. Nicklin

Filing 5

ORDER signed by Magistrate Judge Edmund F. Brennan on 11/25/13 ORDERING that this action is DISMISSED without prejudice. CASE CLOSED. (Dillon, M)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 DEANIJINIQUE CAIL, 11 Petitioner, 12 13 No. 2:13-cv-1898-EFB P v. ORDER JULIE A. NICKLIN, 14 Respondent. 15 16 Petitioner is a federal prisoner proceeding without counsel. This action was opened as an 17 application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241.1 On October 15, 2013, the 18 court informed petitioner that to properly commence an action, she must file a proper application 19 for a writ of habeas corpus as required by 28 U.S.C. § 2242, and must either pay the required 20 filing fee or file an application requesting leave to proceed in forma pauperis. See 28 U.S.C. 21 §§ 1914(a), 1915(a). The court granted petitioner thirty days within which to file the required 22 documents. The court also warned petitioner that failure to so comply would result in a dismissal 23 of this action. 24 ///// 25 ///// 26 27 28 1 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). 1 1 2 3 4 The time for acting has passed, and petitioner has not complied with or otherwise responded to the court’s order. Accordingly, this action is dismissed without prejudice. Dated: November 25, 2013. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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