Nelson

Filing 11

ORDER DISMISSING CASE. Signed by Judge James Donato on 7/9/14. (lrcS, COURT STAFF) (Filed on 7/10/2014) (Additional attachment(s) added on 7/10/2014: # 1 Certificate/Proof of Service) (lrcS, COURT STAFF).

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

KAMARI NELSON,

Case No. 14-cv-02406-JD

Petitioner,
8
v.
9

ORDER OF DISMISSAL
Re: Dkt. No. 2

10

United States District Court
Northern District of California

11
12

This case was initiated when petitioner wrote a letter to the court regarding his conviction.

13

In an effort to protect his rights, it was filed as a new case. Petitioner was informed that he had

14

not filed a petition and was given twenty-eight days to do so. He also was sent a notice that he

15

had not paid the filing fee or applied for leave to proceed in forma pauperis (“IFP”); again, he was

16

allowed twenty-eight days to either pay the fee or file the application. A copy of the court's form

17

for applications to proceed IFP was provided with the notice, along with a return envelope.

18

Petitioner has not filed a petition or IFP application. He has submitted a letter stating that

19

he has multiple cases pending and needs more time in the law library to prepare this petition and

20

requests an extension of the statute of limitations. This Court cannot extend the statute of

21

limitations or keep this case open indefinitely until petitioner is able to file the petition. Once

22

petitioner files a petition he may present arguments for tolling if the petition is determined to be

23

late. This case is DISMISSED without prejudice and petitioner may file a new case once his

24

petition is ready. No fee is due. The clerk shall close the file.

25
26

IT IS SO ORDERED.
Dated: July 9, 2014
______________________________________
JAMES DONATO
United States District Judge

27
28
14-cv-02406-JD-_dis