Woods v. Ayers

Filing 5

ORDER OF DISMISSAL. Signed by Judge JEFFREY S. WHITE on 12/21/11. (jjoS, COURT STAFF) (Filed on 12/21/2011)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 EARNEST CASSELL WOODS, Petitioner, 9 10 11 12 v. ROBERT AYERS, Respondent. 13 ) ) ) ) ) ) ) ) ) ) ) ) No. C 11-4996 JSW (PR) ORDER OF DISMISSAL 14 15 Petitioner, a California prisoner proceeding pro se, filed this habeas action on 16 October 11, 2011. On the same day, the Clerk notified Plaintiff that he had neither paid 17 the filing fee nor filed an application to proceed in forma pauperis (“IFP”). Along with 18 the notice, the Clerk mailed to Plaintiff the Court’s IFP forms, instructions for 19 completing the forms, and a stamped return envelope. In the notice, Plaintiff was 20 informed that the case would be dismissed if he did not respond to the deficiency notice 21 within thirty days. No response has been received, and the filing fee has not been paid. 22 Accordingly, this case is DISMISSED without prejudice. See Fed. R. Civ. P. 41(b). No 23 certificate of appealability is warranted because no reasonable jurist would disagree with 24 the dismissal of this case. 25 The Clerk shall enter judgment and close the file. 26 IT IS SO ORDERED. 27 DATED: December 21, 2011 28 JEFFREY S. WHITE United States District Judge 1 UNITED STATES DISTRICT COURT 2 FOR THE 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 6 EARNEST CASSELL WOODS II, Plaintiff, 7 8 9 10 Case Number: CV11-04996 JSW CERTIFICATE OF SERVICE v. ROBERT AYERS et al, Defendant. / 11 12 13 14 15 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 December 21, 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. 16 17 19 Earnest Cassell Woods P.O. Box 4000 Prisoner Id D-58091 Vacaville, CA 95696 20 Dated: December 21, 2011 18 21 22 23 24 25 26 27 28 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk

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