Ramirez v. Lewis

Filing 3

ORDER DISMISSING CASE. Signed by Judge Richard Seeborg on 5/2/11. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 5/2/2011)

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*E-Filed 5/2/11*

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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JOSE R. RAMIREZ,
Petitioner,

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United States District Court
For the Northern District of California

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No. C 11-1436 RS (PR)
ORDER OF DISMISSAL

v.
GREG LEWIS, Warden,
Respondent.
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This is a federal habeas corpus action filed pursuant to 28 U.S.C. § 2254 by a pro se

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state prisoner. Petitioner was ordered to file a complete application to proceed in forma

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pauperis (“IFP”), or pay the filing fee of $5.00, within 30 days, or face dismissal of the

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action. More than 30 days have passed and petitioner had not paid the filing fee or filed an

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IFP application. Accordingly, the action is DISMISSED without prejudice to petitioner

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paying the filing fee or filing a properly completed IFP application.

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A certificate of appealability will not issue. Petitioner has not shown “that jurists of

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reason would find it debatable whether the petition states a valid claim of the denial of a

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constitutional right and that jurists of reason would find it debatable whether the district court

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was correct in its procedural ruling.” Slack v. McDaniel, 529 U.S. 473, 484 (2000). The

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Clerk shall enter judgment in favor of respondent, and close the file.

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IT IS SO ORDERED.
DATED: May 2, 2011
RICHARD SEEBORG
United States District Judge

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No. C 11-1436 RS (PR)
ORDER OF DISMISSAL