Thomas

Filing 11

ORDER DISMISSING CASE WITHOUT PREJUDICE. Signed by Judge Vince Chhabria on 12/12/2014. (knm, COURT STAFF) (Filed on 12/12/2014)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 RONALD DOMETRIOUS THOMAS, Case No. 14-cv-03273-VC Plaintiff, 5 v. ORDER OF DISMISSAL WITHOUT PREJUDICE 6 7 FRED FOULK, Defendant. 8 On July 21, 2014, Petitioner Ronald Thomas, a prisoner at High Desert State Prison, filed a 10 letter indicating that he wished to file a petition for a writ of habeas corpus. On the same date, the 11 United States District Court Northern District of California 9 Clerk of the Court sent Thomas written notice that he must file a petition on the Court's form and 12 he must file a completed application to proceed informa pauperis (“IFP”) within twenty-eight days 13 or his case would be dismissed for failure to prosecute. 14 On August 18, 2014, Thomas sent the Court a letter indicating that he was in a locked- 15 down situation without access to his legal papers or the law library and requested an extension of 16 time to file the required documents. The Court granted this request. 17 On September 23, 2014, Thomas sent the Court another letter requesting a second 18 extension of time to file the required documents, which the Court granted. In this order, the Court 19 stated that it would grant Thomas forty-two additional days to file the required documents, but if 20 they were not filed within that time, his case would be dismissed. 21 22 23 24 25 26 27 28 More than forty-two days have passed and Thomas has not filed the required documents or otherwise communicated with the Court. IT IS HEREBY ORDERED that this action is DISMISSED WITHOUT PREJUDICE. The Clerk shall terminate all pending motions, and close the file. IT IS SO ORDERED. Dated: December 12, 2014 ______________________________________ VINCE CHHABRIA United States District Judge 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 RONALD DOMETRIOUS THOMAS, Case No. 14-cv-03273-VC Plaintiff, 8 v. CERTIFICATE OF SERVICE 9 10 FRED FOULK, Defendant. United States District Court Northern District of California 11 12 13 14 15 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on 12/12/2014, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 16 17 18 19 Ronald Dometrious Thomas ID: T-43909 High Desert State Prison P.O. Box 3030 Bldg D-1 117 Susanville, CA 96127 20 21 Dated: 12/12/2014 22 23 24 Richard W. Wieking Clerk, United States District Court 25 26 27 By:________________________ Kristen Melen, Deputy Clerk to the Honorable VINCE CHHABRIA 28 2

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