Stanley v. Davis

Filing 3

ORDER OF DISMISSAL. Signed by Magistrate Judge Jacqueline Scott Corley on 2/23/2016. (ahm, COURT STAFF) (Filed on 2/23/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GERALD FRANK STANLEY,

United States District Court
Northern District of California

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Case No. 16-cv-00048-JSC

Petitioner,

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ORDER OF DISMISSAL

v.

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RON DAVIS,

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Respondent.

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On January 5, 2016, Petitioner, a California prisoner proceeding pro se, filed this petition

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for a writ of habeas corpus under 28 U.S.C. § 2254.1 On the same day, the Clerk notified

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Petitioner he had neither paid the filing fee nor completed an application to proceed in forma

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pauperis (“IFP”). The Clerk mailed Petitioner the Court's IFP form along with the deficiency

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notice, as well as a stamped return envelope and instructions for completing the IFP form. The

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notice informed him that the case would be dismissed if he did not either pay the filing fee or file a

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completed IFP application within 28 days.
More than 28 days have passed since the deficiency notice was sent to Petitioner, and no

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response has been received. As Petitioner has not paid the filing fee, filed a complete IFP

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//

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//

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Petitioner has consented to the jurisdiction of a United States Magistrate Judge pursuant to 28
U.S.C. § 636(c). (Dkt. No. 1 at 7.)

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application, or shown cause why not, this case is DISMISSED without prejudice to filing the

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petition in a new action in which he either pays the filing fee or submits a complete IFP

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application.

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The Clerk shall enter judgment and close the file.

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IT IS SO ORDERED.

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Dated: February 23, 2016

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JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GERALD FRANK STANLEY,

Case No. 16-cv-00048-JSC

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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RON DAVIS,
Defendant.

United States District Court
Northern District of California

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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 February 23, 2016, 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.

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Gerald Frank Stanley ID: Prisoner Id C-8090
San Quentin State Prison
3-E-98
San Quentin, CA 94974

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Dated: February 23, 2016

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
Ada Means, Deputy Clerk to the
Honorable JACQUELINE SCOTT CORLEY
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