Orosco v. U.S Division Court

Filing 5

ORDER signed by Magistrate Judge Gregory G. Hollows on 5/11/17 ordering the petition is dismissed without prejudice for failure to obey a court order. The clerk of the court shall close this case. 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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MICHAEL OROSCO,
Petitioner,

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ORDER1

v.

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No. 2:17-cv-0627 GGH HC

U.S. DIVISION COURT,
Respondent.

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Petitioner filed a petition seeking a writ of habeas corpus on March 24, 2017. ECF No. 1.

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On April 6, 2017, this court issued an Order directing petitioner either to submit an appropriate

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motion for and affidavit in support of, a request to proceed in forma pauperis with his action or to

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submit the appropriate filing fee within 30 days of the date of the Order. ECF No. 3. In that

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Order the Magistrate Judge also found that the petitioner had not stated a habeas claim in the filed

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petition and gave petitioner 45 days from the date of the order to file an amended petition if he so

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desired. Such a right to amend depended, however, upon petitioner’s compliance with the

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direction to perfect his right to proceed in forma pauperis or payment of a filing fee.
The order gave warning that failure to comply with the Order would result in the dismissal

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of the action. Petitioner has not submitted either a motion for in forma pauperis status or the

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appropriate filing fee. Nor has petitioner submitted any amended petition.

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Petitioner has consented to proceed before the undersigned pursuant to 28 U.S.C. § (c).
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In light of the foregoing it is THEREFORE ORDERED THAT:

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The petition is dismissed without prejudice for failure to obey a court Order;

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The Clerk of the Court shall close this case.

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IT IS SO ORDERED.

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Dated: May 11, 2017
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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