Brown v. Jacques

Filing 8

ORDER DISMISSING Petition fo Writ of Habeas Corpus; DENYING Certificate of Appealability. Signed by Judge Thelton E. Henderson on 04/13/10. (Attachments: # 1 Certificate of Service)(rbe, COURT STAFF) (Filed on 4/13/2010)

1 2 3 4 5 6 7 8 9 10 11 United States District Court For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This habeas corpus action by a pro se prisoner was filed on December 22, 2009. Doc. #1. On December 30, 2009, the Court v. FRANCISCO JACQUEZ, Warden, Respondent. / HILTON LAWRENCE BROWN, Petitioner, ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS; DENYING CERTIFICATE OF APPEALABILITY No. C-09-5997 TEH (PR) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

notified Petitioner in writing that the action was deficient because he did not pay the requisite $ 5.00 filing fee or, instead, submit a signed and completed court-approved in forma pauperis application, including a signed and completed certificate of funds in his prisoner's account and a copy of his prisoner's trust account statement for the last six months. See 28 U.S.C. § 1915(a)(2).

Petitioner was advised that failure to file the requested items within thirty (30) days would result in dismissal of the action. Doc. #7.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED

Over three months have elapsed since Petitioner was notified of his filing deficiency; however, he has not provided the Court with the requisite items, or sought an extension of time to do so. Accordingly, the action is DISMISSED without prejudice. Further, a Certificate of Appealability is DENIED. See

Rule 11(a) of the Rules Governing Section 2254 Cases (effective Dec. 1, 2009). Petitioner may not appeal the denial of a Certificate of

Appealability in this Court but may seek a certificate from the Court of Appeals under Rule 22 of the Federal Rules of Appellate Procedure. Id. The Clerk shall terminate all pending motions as moot and close the file.

IT IS SO ORDERED.

04/13/10 THELTON E. HENDERSON United States District Judge

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