Torres v. California Department of Corrections and Rehabilitation

Filing 8

ORDER OF DISMISSAL. Signed by Judge Richard Seeborg on 10/28/10. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 11/1/2010)

(HC)Torres v. California Department of Corrections and Rehabilitation

Doc. 8

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12

*E-Filed 11/1/10*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

FELIX COSTA TORRES, Petitioner, v.

No. C 10-4184 RS (PR) ORDER OF DISMISSAL

CALIFORNIA DEPARTMENT OF 13 CORRECTIONS AND REHABILITATION,
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No. C 10-4184 RS (PR) ORDER OF DISMISSAL

Respondent.

/

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, if neither were filed, face dismissal of the action. That time having passed, petitioner has not paid the filing fee nor filed an IFP application nor supporting documentation. Accordingly, the action is DISMISSED without prejudice to petitioner (1) paying the filing fee of $5.00, or (2) filing a completed IFP application, along with a certificate of funds signed by an authorized prison officer, and a prison trust account statement showing transactions for the last six months. The Clerk shall enter judgment in favor of respondent, and close the file. IT IS SO ORDERED. DATED: October 28, 2010 RICHARD SEEBORG United States District Judge

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