McGee v. San Mateo Superior Court

Filing 9

ORDER DISMISSING CASE. Signed by Judge Nathanael Cousins on 8/12/2014. (Attachments: # 1 Certificate/Proof of Service)(lmh, COURT STAFF) (Filed on 8/12/2014)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 No. C 14-0974 NC (PR) United States District Court For the Northern District of California MAURICE McGEE, 8 Petitioner, 9 v. 10 ELVIN VALENZUELA, Warden, 11 ORDER OF DISMISSAL Respondent. 12 / 13 14 15 On March 3, 2014, Petitioner, a state prisoner proceeding pro se, filed a petition for 16 writ of habeas corpus pursuant to 28 U.S.C. § 2254. The Clerk sent Petitioner a notice that 17 he had not paid the $5.00 filing fee or filed an application to proceed in forma pauperis 18 (“IFP”). Petitioner filed an IFP application on March 27, 2014. However, the attached 19 Certificate of Funds showed that he has sufficient funds to pay the $5.00 filing fee for a 20 habeas action. The Court, by order issued May 13, 2014, therefore denied the IFP 21 application and directed Petitioner to pay the $5.00 filing fee on or before June 30, 2014. 22 On July 2, 2014, having still not received the filing fee, the Court granted Petitioner 23 an additional twenty-eight days to submit payment. Petitioner was advised that failure to pay 24 the filing fee within the twenty-eight-day deadline would result in dismissal of this action 25 without further notice. 26 More than twenty-eight days have passed, and Petitioner has not paid the $5.00 filing 27 fee or otherwise communicated with the Court. Accordingly, this habeas action is 28 DISMISSED without prejudice for failure to respond to the Court's order and for failure to prosecute under Federal Rule of Civil Procedure 41(b). Because this dismissal is without 1 prejudice, Petitioner may move to reopen the action. Any motion to reopen must contain full 2 payment of the $5.00 filing fee. 3 4 The Clerk is directed to enter judgment in favor of Respondent and close the file. IT IS SO ORDERED. 5 6 DATED: August 12, 2014 NATHANAEL M. COUSINS United States Magistrate Judge 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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