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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL OROSCO, Petitioner, 12 ORDER1 v. 13 14 No. 2:17-cv-0627 GGH HC U.S. DIVISION COURT, Respondent. 15 16 Petitioner filed a petition seeking a writ of habeas corpus on March 24, 2017. ECF No. 1. 17 18 On April 6, 2017, this court issued an Order directing petitioner either to submit an appropriate 19 motion for and affidavit in support of, a request to proceed in forma pauperis with his action or to 20 submit the appropriate filing fee within 30 days of the date of the Order. ECF No. 3. In that 21 Order the Magistrate Judge also found that the petitioner had not stated a habeas claim in the filed 22 petition and gave petitioner 45 days from the date of the order to file an amended petition if he so 23 desired. Such a right to amend depended, however, upon petitioner’s compliance with the 24 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 25 26 of the action. Petitioner has not submitted either a motion for in forma pauperis status or the 27 appropriate filing fee. Nor has petitioner submitted any amended petition. 28 1 Petitioner has consented to proceed before the undersigned pursuant to 28 U.S.C. § (c). 1 1 In light of the foregoing it is THEREFORE ORDERED THAT: 2 1. The petition is dismissed without prejudice for failure to obey a court Order; 3 2. The Clerk of the Court shall close this case. 4 IT IS SO ORDERED. 5 6 7 Dated: May 11, 2017 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 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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