Perroton v. Smith et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
JON R. PERROTON,
LAURIE SMITH, Sheriff, et al.,
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
June 20, 2011. The court notified petitioner in writing on that date 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 completed certificate of funds in the prisoner's account and a copy of
the prisoner's trust account statement for the last six months. Petitioner was
advised that failure to file the requested items within 30 days would result in
dismissal of the action.
More than 40 days have elapsed; however, petitioner still has not filed the
requisite items, or sought an extension of time to do so. The action is
DISMISSED without prejudice to filing a new habeas action accompanied by the
requisite $5.00 filing fee or a signed and completed in forma pauperis application.
The clerk shall close the file and terminate all pending motions as moot.
Aug. 2, 2011
CHARLES R. BREYER
United States District Judge
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