Gordon v. Virga

Filing 8

ORDER signed by Magistrate Judge Kendall J. Newman on 12/02/15 ordering this action is dismissed without prejudice. CASE CLOSED. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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IRA GORDON,

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Petitioner,

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No. 2:15-cv-1316 KJN P (TEMP)

v.

ORDER

T. VIRGA,

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Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. Petitioner consented to magistrate judge jurisdiction for all

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purposes pursuant to 28 U.S.C. § 636(c) and Local Rule 305(a). (See ECF No. 4.)
By an order filed September 9, 2015, petitioner was ordered to either file an in forma

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pauperis affidavit or the required filing fee of $5.00 within thirty days, and was cautioned that

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failure to do so would result in a recommendation that this action be dismissed. Nearly ninety

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days have now expired. Yet petitioner has neither filed an in forma pauperis affidavit nor paid

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the filing fee as ordered.

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Based on petitioner’s consent to magistrate judge jurisdiction and his failure to either file

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an in forma pauperis affidavit or pay the required filing fee, IT IS HEREBY ORDERED that this

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action be dismissed without prejudice.

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Dated: December 2, 2015

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/gord1316.fifp

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