Hampton v. Superior Court of San Francisco et al

Filing 15

AMENDED ORDER OF DISMISSAL re 12 Order Dismissing Case, Terminate Motions,,. Signed by Judge Charles R. Breyer on 4/7/2014. (Attachments: # 1 Certificate/Proof of Service)(tlS, COURT STAFF) (Filed on 4/8/2014)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ROBIN S. HAMPTON, E-97187,
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Petitioner,
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v.
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R. T. C. GROUNDS, Warden,
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Respondent.
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______________________________ )

No. C 14-0344 CRB (PR)
AMENDED ORDER OF
DISMISSAL

The order of dismissal filed on March 31, 2014 (docket #12) is vacated and
replaced with the following order:
On February 10, 2014, the court notified petitioner in writing that his action for a

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new trial/petition for a writ of habeas corpus under 28 U.S.C. § 2254 was deficient

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because he did not pay the requisite $5.00 filing fee or, instead, submit a signed and

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completed court-approved in forma pauperis application, including a completed

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certificate of funds in the prisoner’s account and a copy of the prisoner’s trust account

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statement for the last six months. Petitioner was advised that failure to file the requested

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items within 28 days would result in dismissal of the action.

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

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items or sought an extension of time to do so. The action is DISMISSED without

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prejudice to filing a new habeas action accompanied by the requisite $5.00 filing fee or a

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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: April 7, 2014

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______________________
CHARLES R. BREYER
United States District Judge

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N:\Hampton, R.14-0344.dsifp.wpd