Hawes v. State of California et al

Filing 4

ORDER DISMISSING CASE. Signed by Judge William Alsup on 12/19/11. (Attachments: # 1 Certificate of Service)(dt, COURT STAFF) (Filed on 12/20/2011)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 No. C 11-5128 WHA (PR) TERRY RAY HAWES, For the Northern District of California United States District Court 10 12 Petitioner, ORDER OF DISMISSAL 13 vs. 14 STATE OF CALIFORNIA, 15 Respondent. 16 / 17 This pro se habeas action was filed on October 19, 2011. On that same day, petitioner 18 was notified that he head neither paid the filing fee nor filed an application to proceed in forma 19 pauperis (“IFP”). A copy of the court's form for IFP applications was provided with the notice 20 along with a return envelope. Petitioner was informed that if he did not either pay the $5.00 21 filing fee or file a completed IFP application within thirty days the case would be dismissed. 22 Along with the notice, he was mailed a copy of the IFP application, instructions for completing 23 it, and a pre-paid return envelope. The instructions indicated that in order to complete the IFP 24 application, he was required to submit a certificate of funds completed and signed by a prison 25 official as well as a statement of his prison trust account showing transactions for the last six 26 months. Plaintiff has filed an application, but has not submitted the completed certificate or 27 // 28 // 1 trust account statement, nor has he explained his failure to do so. As more than thirty days have 2 passed since the deficiency notice and Plaintiff has neither paid the filing fee nor filed a 3 completed IFP application, this case is DISMISSED without prejudice. 4 The clerk shall enter judgment and close this file. 5 IT IS SO ORDERED. 6 7 Dated: December 19 , 2011. 8 WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 G:\PRO-SE\WHA\HC.11\HAWES5128.DFP.wpd 21 22 23 24 25 26 27 28 2

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