Perroton v. Munks

Filing 3

ORDER OF DISMISSAL. Signed by Judge Charles R. Breyer on 10/10/2013. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 10/15/2013)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JON ROBERT PERROTON,
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Petitioner,
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v.
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GREG MUNKS, Sheriff,
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Respondent.
______________________________ )

No. C 13-3981 CRB (PR)
ORDER OF DISMISSAL

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This action for a writ of habeas corpus challenging a state court’s denial of

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bail was filed on August 27, 2013. The court notified petitioner in writing on that

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date that the action was deficient because he did not pay the requisite $5.00 filing

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fee or, instead, submit a signed and completed court-approved in forma pauperis

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application, including a completed certificate of funds in the prisoner's account and

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a copy of the prisoner's trust account statement for the last six months. Petitioner

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was advised that failure to file the requested items within 28 days would result in

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dismissal of the action.

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More than 40 days have elapsed; however, petitioner has not filed the

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requisite items or sought an extension of time to do so. The action is DISMISSED

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without prejudice to filing a new habeas action accompanied by the requisite $5.00

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filing fee or a signed and completed in forma pauperis application.

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

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SO ORDERED.

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DATED:

October 10, 2013

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G:\PRO-SE\CRB\HC.13\Perroton, J.13-3981.dsifp.wpd

______________________
CHARLES R. BREYER
United States District Judge