Liu v. Curry

Filing 6

ORDER DISMISSING CASE. Signed by Judge William Alsup on 12/11/08. (Attachments: # 1 Certificate of Service)(dt, COURT STAFF) (Filed on 12/11/2008)

1 2 3 4 5 6 7 8 9 10 MANNY LIU, Petitioner, vs. BEN CURRY, Respondent. / No. C 08-4367 WHA (PR) ORDER OF DISMISSAL IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

11
For the Northern District of California

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This pro se habeas action was filed on September 17, 2008. On that same day the court notified petitioner that he had neither paid the filing fee nor applied for leave to proceed in forma pauperis ("IFP"). He was given thirty days to do one or the other. On September 24, 2008, petitioner filed an application for leave to proceed IFP. It did not include the certificate of funds in inmate account page of the form, nor did petitioner attach the trust account printout required by 28 U.S.C. § 1915(a)(2). On October 29, 2008, the clerk sent petitioner another deficiency notice, this time pointing out the absence of the certificate and the printout. On November 10, 2008, petitioner filed an amended complaint, but he has not remedied the IFP deficiency. More than thirty days have passed since the last notice. As a result, this case is DISMISSED without prejudice. The clerk shall close this file. IT IS SO ORDERED. Dated: December 11 , 2008.

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WILLIAM ALSUP UNITED STATES DISTRICT JUDGE