Dugan v. United States of America

Filing 4

ORDER OF DISMISSAL. Signed by Judge Charles R. Breyer on 12/2/2011. (Attachments: # 1 Certificate of Service)(beS, COURT STAFF) (Filed on 12/6/2011)

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1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 KEVIN DUGAN, 7 8 9 10 11 12 ) ) Petitioner, ) ) v. ) ) ) UNITED STATES, ) ) Respondent. ______________________________ ) No. C 11-5124 CRB (PR) ORDER OF DISMISSAL On October 19, 2011, the clerk filed as a new prisoner action a document 13 challenging a federal criminal conviction. On that same date, the court notified 14 petitioner in writing that the action was deficient because he did not file an actual 15 petition or pay the requisite $5.00 filing fee or, instead, submit a signed and 16 completed court-approved in forma pauperis application. Petitioner was advised 17 that failure to file the requested items within 30 days would result in dismissal of 18 the action. 19 More than 40 days have elapsed; however, petitioner has not provided the 20 court with the requisite items, or sought an extension of time to do so. The action 21 is DISMISSED without prejudice. 22 The clerk shall close the file and terminate all pending motions as moot. 23 SO ORDERED. 24 DATED: Dec. 2, 2011 25 26 27 28 G:\PRO-SE\CRB\HC.11\Dugan, K.11-5124.dsifp.wpd ______________________ CHARLES R. BREYER United States District Judge

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