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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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No. C 11-3350 WHA (PR)

LOREN I. MORGAN,
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Petitioner,

ORDER OF DISMISSAL

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vs.
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For the Northern District of California

United States District Court

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CALIFORNIA BOARD OF PRISON
HEARINGS; SUPERIOR COURT OF
SAN DIEGO; FOURTH APPELLATE
COURT; CALIFORNIA SUPREME
COURT; BEN CURRY;

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Respondents.
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/

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This pro se habeas action was filed on July 7, 2011. On that same day, petitioner was
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notified that he had neither paid the filing fee nor filed an application for leave to proceed in
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forma pauperis. The notice was returned by the postal service on July 21, 2011, as
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undeliverable because petitioner was no longer located at the address he had provided to the
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court. Specifically, the institution where he had been located indicated that petitioner had been
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released on parole. On July 27, 2011, petitioner mailed exhibits to the court with a return street
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address different from the institutional address he had originally provided with his petition. The
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same day, the clerk mailed a second deficiency notice to petitioner to the street address. Both
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deficiency notices informed petitioner that if he did not either pay the fee or file an IFP
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application within thirty days the case would be dismissed. No response has been received.
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This case is therefore DISMISSED without prejudice. The clerk shall close this file.
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IT IS SO ORDERED.
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Dated: September

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, 2011.

G:\PRO-SE\WHA\HC.11\MORGAN3350.DFP.wpd

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE