Perroton v. Smith et al

Filing 3

ORDER OF DISMISSAL. Signed by Judge Charles R. Breyer on 8/2/2011. (Attachments: # 1 Certificate of Service)(beS, COURT STAFF) (Filed on 8/3/2011)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JON R. PERROTON,
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Petitioner,
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v.
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LAURIE SMITH, Sheriff, et al.,
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Respondent(s).
______________________________ )

No. C 11-3035 CRB (PR)
ORDER OF DISMISSAL

This action for a writ of habeas corpus under 28 U.S.C. § 2254 was filed on

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June 20, 2011. The court notified petitioner in writing on that date that the action

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was deficient because he did not pay the requisite $5.00 filing fee or, instead,

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submit a signed and completed court-approved in forma pauperis application,

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including a completed certificate of funds in the prisoner's account and a copy of

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the prisoner's trust account statement for the last six months. Petitioner was

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advised that failure to file the requested items within 30 days would result in

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dismissal of the action.

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More than 40 days have elapsed; however, petitioner still has not filed the

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requisite items, or sought an extension of time to do so. The action is

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DISMISSED without prejudice to filing a new habeas action accompanied by the

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requisite $5.00 filing fee or a signed and completed in forma pauperis application.

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The clerk shall close the file and terminate all pending motions as moot.

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SO ORDERED.

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DATED:

Aug. 2, 2011

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G:\PRO-SE\CRB\HC.11\Perroton, J2.dsifp.wpd

______________________
CHARLES R. BREYER
United States District Judge