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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 GERALD FRANK STANLEY, United States District Court Northern District of California 11 Case No. 16-cv-00048-JSC Petitioner, 12 ORDER OF DISMISSAL v. 13 RON DAVIS, 14 Respondent. 15 On January 5, 2016, Petitioner, a California prisoner proceeding pro se, filed this petition 16 17 for a writ of habeas corpus under 28 U.S.C. § 2254.1 On the same day, the Clerk notified 18 Petitioner he had neither paid the filing fee nor completed an application to proceed in forma 19 pauperis (“IFP”). The Clerk mailed Petitioner the Court's IFP form along with the deficiency 20 notice, as well as a stamped return envelope and instructions for completing the IFP form. The 21 notice informed him that the case would be dismissed if he did not either pay the filing fee or file a 22 completed IFP application within 28 days. More than 28 days have passed since the deficiency notice was sent to Petitioner, and no 23 24 response has been received. As Petitioner has not paid the filing fee, filed a complete IFP 25 // 26 // 27 1 28 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.) 1 application, or shown cause why not, this case is DISMISSED without prejudice to filing the 2 petition in a new action in which he either pays the filing fee or submits a complete IFP 3 application. 4 The Clerk shall enter judgment and close the file. 5 IT IS SO ORDERED. 6 Dated: February 23, 2016 7 8 JACQUELINE SCOTT CORLEY United States Magistrate Judge 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 GERALD FRANK STANLEY, Case No. 16-cv-00048-JSC Plaintiff, 8 v. CERTIFICATE OF SERVICE 9 10 RON DAVIS, Defendant. United States District Court Northern District of California 11 12 13 14 15 16 17 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. 18 19 20 Gerald Frank Stanley ID: Prisoner Id C-8090 San Quentin State Prison 3-E-98 San Quentin, CA 94974 21 22 Dated: February 23, 2016 23 24 25 Susan Y. Soong Clerk, United States District Court 26 27 28 By:________________________ Ada Means, Deputy Clerk to the Honorable JACQUELINE SCOTT CORLEY 3

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