Lewis v. Small

Filing 10

ORDER DISMISSING CASE. Signed by Judge William Alsup on 10/6/09. (Attachments: # 1 Certificate of Service)(dt, COURT STAFF) (Filed on 10/6/2009)

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1 2 3 4 5 6 7 8 9 10 EMMITT LEWIS, Petitioner, vs. LARRY SMALL, Warden, Respondent. / (Docket Nos. 2 & 5) No. C 09-2357 WHA (PR) ORDER OF DISMISSAL; DENYING PENDING MOTIONS IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Petitioner, a California prisoner, filed this pro se habeas petition under 28 U.S.C. 2254. On July 27, 2009, an order to show cause was issued and petitioner's motion to proceed in forma pauperis was denied in light of the funds in his prison trust account. Petitioner was ordered to pay the five-dollar filing fee within thirty days. Petitioner was cautioned that if he did not do so, the case would be dismissed. No payment or other response has been received. This case is therefore DISMISSED without prejudice to filing a new petition in which petitioner either pays the filing fee or demonstrates that he is entitled to proceed in forma pauperis. The clerk shall close the file. IT IS SO ORDERED. Dated: October 6 , 2009. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE G:\PRO-SE\WHA\HC.09\LEWIS2357.DSM-IFP.wpd

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