Smith -v- Kennedy

Filing 6

ORDER OF DISMISSAL. Signed by Judge Richard Seeborg on 5/7/13. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 5/7/2013)

1

*E-Filed 5/7/13*

2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6

SAN FRANCISCO DIVISION

7
8

ERIC SMITH,

9
United States District Court
For the Northern District of California

10
11
12

No. C 13-1441 RS (PR)

Petitioner,

ORDER OF DISMISSAL

v.
CARLA KENNEDY, et al.,
Respondent.
/

13
14
15

This is a federal habeas corpus action. Petitioner was ordered to, within 30 days,

16

(1) file a complete application to proceed in forma pauperis (“IFP”), or (2) pay the filing fee

17

of $5.00. More than 30 days have passed and petitioner has not complied with these

18

instructions. He has not paid the filing fee. He also has failed to perfect his IFP application

19

by filing a prison trust account statement showing transactions for the last six months.

20

Accordingly, the action is DISMISSED without prejudice. Any motion to reopen must

21

contain either (1) a prison trust account statement showing transactions for the last six

22

months, or (2) full payment for the filing fee. Petitioner’s motion to proceed IFP (Docket

23

No. 4) is DENIED. The Clerk shall terminate Docket No. 4, enter judgment in favor of

24

respondents, and close the file.

25

IT IS SO ORDERED.

26
27

DATED: May 7, 2013
RICHARD SEEBORG
United States District Judge

28
No. C 13-1441 RS (PR)
ORDER OF DISMISSAL