Funches v. McDonald

Filing 7

ORDER signed by Magistrate Judge Edmund F. Brennan on 11/15/2013 ORDERING that this action is DISMISSED without prejudice. CASE CLOSED. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TYRONE FUNCHES,

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Petitioner,

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No. 2:13-cv-1981-EFB P

v.

ORDER

MICHAEL D. McDONALD, Warden,

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Respondent.

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Petitioner, a state prisoner proceeding without counsel, seeks a writ of habeas corpus

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pursuant to 28 U.S.C. § 2254.1
On October 7, 2013, the court found that petitioner had neither paid the $5.00 filing fee

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nor submitted an application to proceed in forma pauperis. Accordingly, the court ordered

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petitioner to pay the filing fee or submit a completed in forma pauperis application. ECF No. 5.

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The order gave petitioner 30 days to pay the fee or file the required application and warned him

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that failure to do so may result in this action being dismissed. Id.

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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).
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The 30-day period has expired and petitioner has not filed a completed an in forma
pauperis affidavit or otherwise responded to the court’s order.
Accordingly, this action is dismissed without prejudice.
Dated: November 15, 2013.

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