Garrett v. Copenhaver et al

Filing 3

ORDER OF DISMISSAL. Signed by Judge Maxine M. Chesney on October 30, 2009. (mmcsec, COURT STAFF) (Filed on 10/30/2009)

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. ) PAUL COPENHAVER, Warden, ) HARLEY LAPPIN, Director, BOP, ) ) Respondents. _______________________________ ) DIGNA GARRETT, No. C 09-4274 MMC (PR) ORDER OF DISMISSAL

On September 15, 2009, petitioner, a federal prisoner incarcerated at Camp Parks, in Dublin, California, and proceeding pro se, filed the above-titled petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. 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 court-approved in forma pauperis ("IFP") application. Petitioner was further advised that her failure to pay the filing fee or, alternatively, to file a completed IFP application, within thirty days, would result in dismissal of the action. Along with said notice, petitioner was sent a copy of the courtapproved prisoner's IFP application, instructions for completing it, and a return envelope. More than thirty days have passed since the deficiency notice was sent to petitioner, and she has neither filed a completed IFP application nor paid the filing fee. Accordingly, the above-titled action is hereby DISMISSED without prejudice. The Clerk shall close the file. IT IS SO ORDERED. DATED: October 30, 2009 MAXINE M. CHESNEY United States District Judge