Rivera v. Grounds et al

Filing 3

ORDER OF DISMISSAL. Signed by Judge Thelton E. Henderson on 07/30/2013. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 7/31/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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AUGUSTINE RIVERA,

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Petitioner,

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No. C-13-2851 TEH (PR)
ORDER OF DISMISSAL

v.

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R. GROUNDS, Warden, et al.,

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Respondents.
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Petitioner Augustine Rivera, an inmate at the California

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Correctional Training Facility, filed a petition for a writ of

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habeas corpus on June 20, 2013.

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Clerk notified Petitioner that he had not filed an application to

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Doc. #1.

On the same day, the

proceed in forma pauperis (IFP) with his petition and that he must
pay the $5.00 filing fee or complete and sign the Court’s IFP
application with a Certificate of Funds in Prisoner’s Account form.
Doc. #2.

The Clerk enclosed both forms and a return envelope with

the notice.

Doc. #2.

The Clerk’s notice included a warning

indicating that, if Petitioner did not respond within twenty-eight
(28) days from the filing date stamped on the notice, his action

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would be dismissed, the file closed and the entire filing fee will

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become due immediately.

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The deadline to file the IFP application or pay the $5,00

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fee has passed and Petitioner has not filed the application, paid

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the fee or communicated with the Court in any manner.

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therefore, is DISMISSED WITHOUT PREJUDICE for failure to file an IFP

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application or pay the filing fee.

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The action,

The Clerk shall terminate all pending motions as moot and
close the file.

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IT IS SO ORDERED.

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DATED

07/30/2013
THELTON E. HENDERSON
United States District Judge

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G:\PRO-SE\TEH\HC.13\Rivera 13-2851 Dis No IFP.wpd

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