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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1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 JON R. PERROTON, 7 8 9 10 11 12 ) ) Petitioner, ) ) v. ) ) ) LAURIE SMITH, Sheriff, et al., ) ) Respondent(s). ______________________________ ) No. C 11-3035 CRB (PR) ORDER OF DISMISSAL This action for a writ of habeas corpus under 28 U.S.C. ยง 2254 was filed on 13 June 20, 2011. The court notified petitioner in writing on that date that the action 14 was deficient because he did not pay the requisite $5.00 filing fee or, instead, 15 submit a signed and completed court-approved in forma pauperis application, 16 including a completed certificate of funds in the prisoner's account and a copy of 17 the prisoner's trust account statement for the last six months. Petitioner was 18 advised that failure to file the requested items within 30 days would result in 19 dismissal of the action. 20 More than 40 days have elapsed; however, petitioner still has not filed the 21 requisite items, or sought an extension of time to do so. The action is 22 DISMISSED without prejudice to filing a new habeas action accompanied by the 23 requisite $5.00 filing fee or a signed and completed in forma pauperis application. 24 The clerk shall close the file and terminate all pending motions as moot. 25 SO ORDERED. 26 DATED: Aug. 2, 2011 27 28 G:\PRO-SE\CRB\HC.11\Perroton, J2.dsifp.wpd ______________________ CHARLES R. BREYER United States District Judge

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