Atterbury v. Foulk

Filing 4

ORDER OF DISMISSAL; Signed by Judge Marilyn Hall Patel on 12/18/2008. (Attachments: # 1 CertServ)(awb, COURT-STAFF) (Filed on 12/23/2008)

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1 2 3 4 5 6 7 8 9 10 11 12 United States District Court For the Northern District of California 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA DANNY F. ATTERBURY, Petitioner, v. ED FOULK, Respondent. / No. C 08-3645 MHP (pr) ORDER OF DISMISSAL This pro se action for a writ of habeas corpus was filed on July 30, 2008, at which time the court notified petitioner in writing that the action was deficient due to the failure to pay the filing fee or furnish a completed and signed court-approved in forma pauperis application. Petitioner was advised that failure to pay the fee or file the application materials within thirty days would result in dismissal of the action. Petitioner did not pay the filing fee or file any in forma pauperis application. The action therefore is DISMISSED without prejudice for failure to pay the filing fee or submit a completed in forma pauperis application. Petitioner may file a new action, but should include a filing fee or an in forma pauperis application with a new pleading to commence that new action. Petitioner should use a civil rights complaint form rather than a petition for writ of habeas corpus form if he wishes to challenge the conditions of his confinement. The clerk shall close the file. IT IS SO ORDERED. Dated: December 18, 2008 _______________________ Marilyn Hall Patel United States District Judge

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