Young v. Biter

Filing 20

ORDER OF DISMISSAL. Signed by Judge Richard Seeborg on 3/30/2016. (afmS, COURT STAFF) (Filed on 3/30/2016)

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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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HOWARD YOUNG,
Petitioner,

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No. C 15-3970 RS (PR)
ORDER OF DISMISSAL

v.
M.D. BITER,
Respondent.
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Petitioner has failed to comply with the Court’s order to pay the filing fee by the

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deadline. Though petitioner asserts he asked the prison to send the fee, the Court has no

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record of receiving payment. He also has not filed a complete application to proceed in

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forma pauperis (“IFP”). Accordingly, this habeas action is DISMISSED without prejudice

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for failure to respond to the Court’s order and for failure to prosecute under Federal Rule of

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Civil Procedure 41(b). Because this dismissal is without prejudice, petitioner may move to

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reopen the action. Any motion to reopen must contain (1) a properly completed IFP

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application, or (2) full payment for the filing fee.

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His motion to extend time to pay the fee (Docket No. 19) is DENIED. The Clerk shall
terminate Docket No. 19, enter judgment in favor of respondent and close the file.
IT IS SO ORDERED.
DATED: March___, 2016
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RICHARD SEEBORG
United States District Judge

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No. C 15-3970 RS (PR)
ORDER OF DISMISSAL