Tubbs v. Hazelton et al

Filing 3

ORDER OF DISMISSAL. Signed by Judge Maxine M. Chesney on February 8, 2008. (mmcsec, COURT STAFF) (Filed on 2/8/2008)

Tubbs v. Hazelton et al

Doc. 3

Case 3:07-cv-06482-MMC

Document 3

Filed 02/08/2008

Page 1 of 1

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ) ) ) Petitioner, ) ) v. ) PAROLE AGENT BILL HAZELTON, et al., ) ) ) Respondents. ____________________________________ ) TODD LEE TUBBS, No. C 07-6482 MMC (PR) ORDER OF DISMISSAL

On December 27, 2007, petitioner, a California prisoner proceeding pro se, filed the

13 above-titled petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. That same 14 date, the Court notified petitioner in writing that the action was deficient due to petitioner's 15 failure to pay the requisite filing fee or, instead, to submit a completed court-approved in 16 forma pauperis ("IFP") application. In said notice, petitioner was advised that his failure to 17 pay the filing fee or, alternatively, to file a completed IFP application, within thirty days, 18 would result in dismissal of the action. Along with said notice, petitioner was sent a copy of 19 the Court's IFP application, instructions for completing it, and a return envelope. Petitioner 20 has not responded to the deficiency notice. 21

As more than thirty days have passed since the deficiency notice and petitioner has not

22 completed the IFP application or paid the filing fee, the above-titled action is hereby 23 DISMISSED without prejudice. 24 25

The Clerk shall close the file. IT IS SO ORDERED.

26 DATED: February 7, 2008 27 28

MAXINE M. CHESNEY United States District Judge

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