Kelly v. Warden of Corcoran State Prison

Filing 3

ORDER of Dismissal. Signed by Judge Edward M. Chen on 1/2/2013. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 1/2/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAMES KELLY,

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Petitioner,
v.

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For the Northern District of California

United States District Court

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No. C-12-5147 EMC (pr)

CALIFORNIA STATE CORRECTIONS,

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ORDER OF DISMISSAL

Respondent.
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This pro se action for writ of habeas corpus was filed on October 3, 2012, at which time the

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Court notified Petitioner in writing that the action was deficient due to his failure to pay the filing

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fee or submit a completed and signed court-approved in forma pauperis application. He was

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instructed to pay the fee or file the application materials within thirty days, and was warned that the

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failure to do so would result in the dismissal of this action. Petitioner did not respond. This action

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is DISMISSED without prejudice because Petitioner has failed to pay the $5.00 filing fee or submit

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a completed and signed court-approved in forma pauperis application. Petitioner is informed that an

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action complaining about the conditions of confinement at the Corcoran State Prison (as his habeas

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petition did) should be filed in the U.S. District Court for the Eastern District of California, because

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that prison is located in Kings County, within the venue of the Eastern District of California.

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The Clerk shall close the file.

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IT IS SO ORDERED.

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Dated: January 2, 2013
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EDWARD M. CHEN
United States District Judge