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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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EARNEST CASSELL WOODS,
Petitioner,

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v.
ROBERT AYERS,
Respondent.

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No. C 11-4996 JSW (PR)
ORDER OF DISMISSAL

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Petitioner, a California prisoner proceeding pro se, filed this habeas action on

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October 11, 2011. On the same day, the Clerk notified Plaintiff that he had neither paid

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the filing fee nor filed an application to proceed in forma pauperis (“IFP”). Along with

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the notice, the Clerk mailed to Plaintiff the Court’s IFP forms, instructions for

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completing the forms, and a stamped return envelope. In the notice, Plaintiff was

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informed that the case would be dismissed if he did not respond to the deficiency notice

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within thirty days. No response has been received, and the filing fee has not been paid.

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Accordingly, this case is DISMISSED without prejudice. See Fed. R. Civ. P. 41(b). No

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certificate of appealability is warranted because no reasonable jurist would disagree with

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the dismissal of this case.

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The Clerk shall enter judgment and close the file.

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IT IS SO ORDERED.

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DATED: December 21, 2011

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JEFFREY S. WHITE
United States District Judge

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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EARNEST CASSELL WOODS II,
Plaintiff,

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Case Number: CV11-04996 JSW
CERTIFICATE OF SERVICE

v.
ROBERT AYERS et al,
Defendant.

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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.

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Earnest Cassell Woods
P.O. Box 4000
Prisoner Id D-58091
Vacaville, CA 95696

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Dated: December 21, 2011

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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk