Miamona

Filing 8

ORDER DISMISSING CASE. Signed by Judge William Alsup on 4/15/09. (Attachments: # 1 Certificate of Service)(dt, COURT STAFF) (Filed on 4/15/2009)

1 2 3 4 5 6 7 8 9 10 DAVID JOSEPTH MAIMONA, Petitioner, vs. SONDRA BYRSON, et al., Respondents. / No. C 09-0859 WHA (PR) ORDER OF DISMISSAL IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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For the Northern District of California

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This case was opened when petitioner, a California prisoner currently incarcerated at Salinas Valley State Prison, sent the court a form "Certificate of Funds in Inmate Account," a trust account printout of the sort usually filed with an application for leave to proceed in forma pauperis ("IFP"), and a letter from the Board of Parole Hearings informing him that administrative appeals of parole decisions have been abolished. The clerk sent him a notice that he had not filed a complaint or petition, and also a notice that he had not filed an IFP application. A form for prisoner habeas petitions was included with the notice, as well an IFP form and a return envelope. Although petitioner has now filed a complaint on a form for civil rights cases, he has not filed an IFP application, and the time to do so has expired. This case therefore is DISMISSED without prejudice. The clerk shall close the file. IT IS SO ORDERED. Dated: April 15 , 2009.

WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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