Boulerice v. Santa Cruz County Superior Court

Filing 4

ORDER OF DISMISSSAL. Signed by Judge Richard Seeborg on 10/6/10. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 10/6/2010)

Boulerice v. Santa Cruz County Superior Court

Doc. 4

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
No. C 10-3903 RS (PR) ORDER OF DISMISSAL

*E-Filed 10/6/10* UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

PAUL BOULERICE, Petitioner, v. SANTA CRUZ SUPERIOR COURT, Respondent. /

No. C 10-3903 RS (PR) ORDER OF DISMISSAL

This is a federal habeas corpus action filed by a pro se state prisoner pursuant to 28 U.S.C. § 2254. Petitioner was ordered to, within 30 days, (1) file a complete application to proceed in forma pauperis (IFP), or (2) pay the filing fee, or face dismissal of the action. That time having passed, petitioner has filed an incomplete IFP application, not having filed a certificate of funds signed by an authorized prison officer and a prison trust account statement showing transactions for the last six months. Accordingly, the action is DISMISSED without prejudice to petitioner (1) paying the filing fee of $5.00, or (2) filing a completed and signed certificate of funds and a prison trust account statement showing transactions for the last six months. Petitioner's motion to proceed IFP (Docket No. 2) is DENIED. The Clerk shall enter judgment in favor of respondents, and close the file. This order terminates Docket No. 2. IT IS SO ORDERED. DATED: October 6, 2010 RICHARD SEEBORG United States District Judge

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