Rogge v. Grounds

Filing 4

ORDER OF DISMISSAL. Signed by Judge JEFFREY S. WHITE on 10/26/11. (jjoS, COURT STAFF) (Filed on 10/26/2011)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 10 11 12 13 ) ) ) Petitioner, ) ) v. ) ) R. GROUNDS, et al., ) ) Respondent. _________________________________ ) DENNIS ALAN ROGGE, No. C 11-4462 JSW (PR) ORDER OF DISMISSAL (Docket No. 2) 14 On September 7, 2011, Petitioner, a prisoner of the State of California, filed this 15 16 pro se habeas petition. That day, the Clerk notified Plaintiff that he had not filed a 17 complaint and that he had neither paid the filing fee nor filed a complete application to 18 proceed in forma pauperis (“IFP”). He was notified that the IFP application was 19 incomplete because it did not include a certificate of funds form or a prisoner trust 20 account statement showing transactions for the last six months. Along with the 21 deficiency notice, the Clerk mailed to Petitioner the Court’s complaint and IFP forms, 22 instructions for completing the forms, and a stamped return envelope. In the notice, 23 Petitioner was informed that the case would be dismissed if he did not pay the fee or file 24 a completed IFP application, including the certificate of funds form signed and 25 completed by a prison official and the proper account statement, within thirty days. 26 More than thirty days have passed, and no response from Petitioner has been received. 27 // 28 1 2 Accordingly, this case is DISMISSED without prejudice, and the pending incomplete IFP application is DENIED. 3 The Clerk shall enter judgment and close the file. 4 IT IS SO ORDERED. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: October 26, 2011 JEFFREY S. WHITE United States District Judge 1 UNITED STATES DISTRICT COURT 2 FOR THE 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 DENNIS A ROGGE, Case Number: CV11-04462 JSW 6 Plaintiff, CERTIFICATE OF SERVICE 7 v. 8 R GROUNDS et al, 9 Defendant. 10 11 12 13 14 / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on October 26, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 15 16 19 Dennis Alan Rogge P-60738 Soledad State Prison RB-236 P.O. Box 705 Soledad, CA 93960-0705 20 Dated: October 26, 2011 17 18 21 22 23 24 25 26 27 28 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk

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