Duff v. Chappell

Filing 3

ORDER of Dismissal. Signed by Judge Edward M. Chen on 11/1/2012. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 11/1/2012)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 DEWEY JOE DUFF, 9 Petitioner, 10 v. 11 For the Northern District of California United States District Court No. C-12-3720 EMC (pr) KEVIN CHAPPELL, Warden, 12 ORDER OF DISMISSAL Respondent. ___________________________________/ 13 14 This pro se action entitled "28 U.S.C. ยง 2403(b) - Intervention by United States or State: 15 'Constitutional Question," was filed on July 16, 2012, at which time the Court notified Petitioner in 16 writing that the action was deficient due to the failure to pay the filing fee or furnish a completed 17 and signed court-approved in forma pauperis application. Petitioner was advised that failure to pay 18 the fee or file the application materials within thirty days would result in dismissal of the action. 19 Petitioner did not pay the filing fee or file a completed in forma pauperis application, and the 20 deadline by which to do so has passed. This action is DISMISSED without prejudice for failure to 21 pay the filing fee or submit a completed in forma pauperis application. The Clerk shall close the 22 file. 23 IT IS SO ORDERED. 24 25 26 27 28 Dated: November 1, 2012 _________________________ EDWARD M. CHEN United States District Judge

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