Morgan v. Board of Prison Hearings et al

Filing 5

ORDER DISMISSING CASE. Signed by Judge William Alsup on 9/28/11. (Attachments: # 1 Certificate of Service)(dt, COURT STAFF) (Filed on 9/28/2011)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 No. C 11-3350 WHA (PR) LOREN I. MORGAN, 8 Petitioner, ORDER OF DISMISSAL 9 vs. 11 For the Northern District of California United States District Court 10 12 CALIFORNIA BOARD OF PRISON HEARINGS; SUPERIOR COURT OF SAN DIEGO; FOURTH APPELLATE COURT; CALIFORNIA SUPREME COURT; BEN CURRY; 13 Respondents. 14 / 15 This pro se habeas action was filed on July 7, 2011. On that same day, petitioner was 16 notified that he had neither paid the filing fee nor filed an application for leave to proceed in 17 forma pauperis. The notice was returned by the postal service on July 21, 2011, as 18 undeliverable because petitioner was no longer located at the address he had provided to the 19 court. Specifically, the institution where he had been located indicated that petitioner had been 20 released on parole. On July 27, 2011, petitioner mailed exhibits to the court with a return street 21 address different from the institutional address he had originally provided with his petition. The 22 same day, the clerk mailed a second deficiency notice to petitioner to the street address. Both 23 deficiency notices informed petitioner that if he did not either pay the fee or file an IFP 24 application within thirty days the case would be dismissed. No response has been received. 25 This case is therefore DISMISSED without prejudice. The clerk shall close this file. 26 IT IS SO ORDERED. 27 28 Dated: September 28 , 2011. G:\PRO-SE\WHA\HC.11\MORGAN3350.DFP.wpd WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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