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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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No. C 11-5128 WHA (PR)

TERRY RAY HAWES,
For the Northern District of California

United States District Court

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Petitioner,

ORDER OF DISMISSAL

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vs.
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STATE OF CALIFORNIA,
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Respondent.
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This pro se habeas action was filed on October 19, 2011. On that same day, petitioner
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was notified that he head neither paid the filing fee nor filed an application to proceed in forma
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pauperis (“IFP”). A copy of the court's form for IFP applications was provided with the notice
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along with a return envelope. Petitioner was informed that if he did not either pay the $5.00
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filing fee or file a completed IFP application within thirty days the case would be dismissed.
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Along with the notice, he was mailed a copy of the IFP application, instructions for completing
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it, and a pre-paid return envelope. The instructions indicated that in order to complete the IFP
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application, he was required to submit a certificate of funds completed and signed by a prison
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official as well as a statement of his prison trust account showing transactions for the last six
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months. Plaintiff has filed an application, but has not submitted the completed certificate or
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//

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trust account statement, nor has he explained his failure to do so. As more than thirty days have

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passed since the deficiency notice and Plaintiff has neither paid the filing fee nor filed a

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completed IFP application, this case is DISMISSED without prejudice.

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The clerk shall enter judgment and close this file.

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IT IS SO ORDERED.

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Dated: December

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, 2011.

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WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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G:\PRO-SE\WHA\HC.11\HAWES5128.DFP.wpd

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