Gray v. People of the State of California

Filing 7

ORDER DISMISSING CASE. Signed by Judge Richard Seeborg on 8/25/11. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 8/26/2011)

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*E-Filed 8/26/11*

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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GREGORY LEE GRAY,

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United States District Court
For the Northern District of California

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No. C 11-3599 RS (PR)

Petitioner,

ORDER OF DISMISSAL

v.
M. MCDONALD,
Respondent.
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This is a federal habeas corpus action filed pursuant to 28 U.S.C. § 2254 by a pro se

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state prisoner. Petitioner was ordered to file a complete application to proceed in forma

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pauperis (“IFP”), or pay the filing fee of $5.00, within 30 days, or face dismissal of the

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action. More than 30 days have passed and petitioner has not paid the filing fee or filed a

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complete IFP application. The IFP application is incomplete because petitioner has not

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included a (1) Certificate of Funds signed by an authorized prison officer (the one he

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submitted is unsigned), and (2) a prison trust account statement detailing transactions for the

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last six months. Accordingly, the action is DISMISSED without prejudice to petitioner

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paying the file fee, or filing both (1) and (2) with the Court. Petitioner’s motion to vacate

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the judgment (Docket No. 2), his motion to appoint counsel (Docket No. 4), and his motion

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to proceed IFP (Docket No. 5) are DENIED without prejudice. The Clerk shall terminate

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Docket Nos. 2, 4 & 5, enter judgment in favor of respondent, and close the file.

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IT IS SO ORDERED.
DATED: August 25, 2011
RICHARD SEEBORG
United States District Judge

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No. C 11-3599 RS (PR)
ORDER OF DISMISSAL