Foster v. State of California

Filing 7

ORDER DISMISSING CASE. Signed by Judge Richard Seeborg on 8/19/14. (Attachments: # 1 Certificate/Proof of Service)(cl, COURT STAFF) (Filed on 8/19/2014)

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*E-Filed 8/19/14*

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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United States District Court
For the Northern District of California

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JAMES EDWARD FOSTER,
Petitioner,

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No. C 14-3070 RS (PR)
ORDER OF DISMISSAL

v.
STATE OF CALIFORNIA,
Respondent.
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This is a federal habeas corpus action filed pursuant to 28 U.S.C. § 2254 by a state

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prisoner proceeding pro se. Petitioner has failed to comply with the Court’s order to

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(1) perfect his application to proceed in forma pauperis (“IFP”), or (2) pay the filing fee of

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$5.00. He also has failed to file a petition. Accordingly, this habeas action is DISMISSED

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without prejudice for failure to respond to the Court’s order and for failure to prosecute under

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Federal Rule of Civil Procedure 41(b). Because this dismissal is without prejudice, petitioner

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may move to reopen the action. Any motion to reopen must contain (1) a petition using this

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Court’s form, and (2) a complete IFP application or (3) full payment for the filing fee. The

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Clerk shall enter judgment in favor of respondent and close the file.

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IT IS SO ORDERED.
DATED: August 19, 2014
RICHARD SEEBORG
United States District Judge

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No. C 14-3070 RS (PR)
ORDER OF DISMISSAL