Frank v. Clay

Filing 5

ORDER OF DISMISSAL. Signed by Judge Maxine M. Chesney on December 4, 2008. (mmcsec, COURT STAFF) (Filed on 12/4/2008)

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

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ) ) ) Petitioner, ) ) v. ) ) IVAN D. CLAY, ) ) Respondent. _______________________________ ) RAYMOND TIMOTHY FRANK, No. C 08-4835 MMC (PR) ORDER OF DISMISSAL (Docket Nos. 2 & 3)

On October 22, 2008, petitioner, a California prisoner proceeding pro se, filed the above-titled petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. That same date, the Court notified petitioner in writing that the action was deficient due to petitioner's failure to pay the requisite filing fee or, instead, to submit a completed courtapproved in forma pauperis ("IFP") application. In said notice, petitioner was advised that his failure to pay the filing fee or, alternatively, to file a completed IFP application, within thirty days, would result in dismissal of the action. More than thirty days have passed since the deficiency notice and petitioner has not filed a completed IFP application, paid the filing fee, or otherwise responded to the deficiency notice. Accordingly, the above-titled action is hereby DISMISSED without prejudice, and petitioner's incomplete application to proceed IFP and motion for appointment of counsel are hereby DENIED as moot. This order terminates Docket Nos. 2 and 3. The Clerk shall close the file. IT IS SO ORDERED. DATED: December 4, 2008 MAXINE M. CHESNEY United States District Judge