Perroton v. Smith
Filing
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ORDER OF DISMISSAL without prejudice tof iling a new habeas action accompanied by the requisite $5.00 filing fee or a signed and completed in forma pauperis application. Signed by Judge Charles R. Breyer on 1/28/2014. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 1/29/2014)
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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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LAURIE SMITH, Sheriff,
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Respondent.
______________________________ )
No. C 13-5823 CRB (PR)
ORDER OF DISMISSAL
This action for a writ of habeas corpus under 28 U.S.C. § 2241 was filed on
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December 16, 2013. The court notified petitioner in writing on that date that the
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action was deficient because he did not pay the requisite $5.00 filing fee or,
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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
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and a copy of the prisoner’s trust account statement for the last six months.
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Petitioner was advised that failure to file the requested items within 28 days would
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result in dismissal of the action.
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More than 40 days have elapsed; however, petitioner still has not filed the
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requisite items, or sought an extension of time to do so. The action is
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DISMISSED without prejudice to filing a new habeas action accompanied by the
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requisite $5.00 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: Jan. 28, 2014
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G:\PRO-SE\CRB\HC.13\Perroton, J.13-5823.dsifp.wpd
______________________
CHARLES R. BREYER
United States District Judge
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