Whitfield v. Swarthout

Filing 11

ORDER OF DISMISSAL. Signed by Judge Richard Seeborg on 1/21/16. (Attachments: # 1 Certificate/Proof of Service)(cl, COURT STAFF) (Filed on 1/21/2016)

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1 2 *E-Filed 1/21/16* 3 4 5 6 7 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court For the Northern District of California 8 SAN FRANCISCO DIVISION 11 12 TERRELL WHITFIELD, Petitioner, 13 14 15 16 No. C 13-3267 RS (PR) ORDER OF DISMISSAL v. GARY SWARTHOUT, Warden, Respondent. / 17 18 Petitioner failed to pay the $5.00 filing fee by the deadline. Accordingly, this federal 19 habeas action is DISMISSED without prejudice for failure to pay the filing fee and for failure 20 to prosecute under Federal Rule of Civil Procedure 41(b). Any motion to reopen must 21 contain full payment for the filing fee, or, if petitioner can no longer afford to pay the fee, a 22 complete application to proceed in forma pauperis. 23 24 25 IT IS SO ORDERED. DATED: January 21, 2016 RICHARD SEEBORG United States District Judge 26 27 28 No. C 13-3267 RS (PR) ORDER OF DISMISSAL

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