Blanks v. State of California

Filing 8

ORDER DISMISSING CASE. Signed by Judge Vince Chhabria on 1/9/2015. (knmS, COURT STAFF) (Filed on 1/9/2015)

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 LIONEL BLANKS, Case No. 14-cv-05048-VC (PR) Petitioner, 6 v. ORDER OF DISMISSAL WITHOUT PREJUDICE 7 8 STATE OF CALIFORNIA, Respondent. 9 10 United States District Court Northern District of California 11 12 13 On November 14, 2014, Lionel Blanks, a state prisoner, submitted a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. ยง 2254 accompanied by an unsigned check. On the same day the action was filed, the Clerk of the Court returned to Blanks his 14 unsigned check and requested that he sign the check and return it in the enclosed envelop. By 15 November 21, 2014, when Blanks had not returned the check, the Clerk sent him a blank in forma 16 pauperis application and a notice that he must return the completed application or pay the filing 17 fee within twenty-eight days of the date of the notice or his action would be dismissed. 18 19 20 21 More than twenty-eight days have passed and Blanks has not paid the filing fee, submitted his IFP application or otherwise communicated with the Court. Accordingly, this action is DISMISSED WITHOUT PREJUDICE. The Clerk shall terminate all pending motions, and close the file. 22 23 24 25 26 27 28 Dated: January 9, 2015 ______________________________________ VINCE CHHABRIA United States District Judge 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 LIONEL BLANKS, Case No. 14-cv-05048-VC Plaintiff, 8 v. CERTIFICATE OF SERVICE 9 10 STATE OF CALIFORNIA, 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 1/9/2015, 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 Lionel Blanks ID: AM0140 Corcoran State Prison P.O. Box 3461 Corcoran, CA 93212 19 20 21 Dated: 1/9/2015 22 23 Richard W. Wieking Clerk, United States District Court 24 25 26 27 By:________________________ Kristen Melen, Deputy Clerk to the Honorable VINCE CHHABRIA 28 2

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