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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 12 13 No. C 12-6514 WHA (PR) BLAS CHAVEZ LANDA, 11 For the Northern District of California United States District Court 10 Petitioner, ORDER OF DISMISSAL v. MATTHEW CATE, 14 Respondent. / 15 16 On February 28, 2013, petitioner, a California prisoner proceeding pro se, was denied 17 leave to proceed in forma pauperis (“IFP”). He was directed to pay the filing fee of $5.00 18 within thirty days because the average monthly deposits to his prison trust account and his 19 average monthly balance over the six months preceding the filing of this action were $226.07 20 and $101.33, respectively. He was cautioned that if he did not pay the filing fee within that 21 time, this case would be dismissed. No response to the order or payment has been received. 22 Accordingly, this case is DISMISSED without prejudice to filing a new petition in a new case in 23 which he either pays the filing fee or demonstrates his inability to pay in a properly completed 24 IFP form. 25 IT IS SO ORDERED. 26 27 28 Dated: April 17 , 2013. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE G:\PRO-SE\WHA\HC.12\LANDA6514.DSM.PAY.wpd

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