Landa v. Cate

Filing 4

ORDER DISMISSING CASE. Signed by Judge William Alsup on 4/17/13. (Attachments: # 1 Certificate/Proof of Service)(dt, COURT STAFF) (Filed on 4/18/2013)

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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 12-6514 WHA (PR)

BLAS CHAVEZ LANDA,

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For the Northern District of California

United States District Court

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Petitioner,

ORDER OF DISMISSAL

v.
MATTHEW CATE,

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Respondent.
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On February 28, 2013, petitioner, a California prisoner proceeding pro se, was denied

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leave to proceed in forma pauperis (“IFP”). He was directed to pay the filing fee of $5.00

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within thirty days because the average monthly deposits to his prison trust account and his

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average monthly balance over the six months preceding the filing of this action were $226.07

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and $101.33, respectively. He was cautioned that if he did not pay the filing fee within that

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time, this case would be dismissed. No response to the order or payment has been received.

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Accordingly, this case is DISMISSED without prejudice to filing a new petition in a new case in

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which he either pays the filing fee or demonstrates his inability to pay in a properly completed

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IFP form.

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IT IS SO ORDERED.

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Dated: April

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, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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