Filing 7

ORDER OF DISMISSAL. Dismissed without prejudice. Signed by Judge Charles R. Breyer on 12/20/2016. (Attachments: # 1 Certificate/Proof of Service)(afmS, COURT STAFF) (Filed on 12/21/2016)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 8 9 10 11 12 13 ) ) ) ) In re JAVIER BARRAGAN, AM7771, ) ) Petitioner. ) ) ) ___________________________________ ) No. C 16-6420 CRB (PR) ORDER OF DISMISSAL On November 2, 2016, the clerk filed as a new habeas action a letter by 14 petitioner seeking an extension of time to file a petition for a writ of habeas 15 corpus. On that same date, the court notified petitioner in writing that the action 16 was deficient because he did not file an actual petition or pay the requisite filing 17 fee or, instead, submit a signed and completed court-approved in forma pauperis 18 (IFP) application. Petitioner was advised that failure to file the requested items 19 within 28 days would result in dismissal of the action. 20 More than 40 days have elapsed; however, petitioner has not provided the 21 court with the requisite items or sought an extension of time to do so. The habeas 22 action is DISMISSED without prejudice to filing a new habeas action 23 accompanied by an actual petition and IFP application. 24 The clerk shall close the file and terminate all pending motions as moot. 25 SO ORDERED. 26 DATED: 12/20/2016 27 28 G :\PR O -SE\CRB\H C.16\Barragan, J.16-6420.dsifp.wpd _________________________ CHARLES R. BREYER United States District Judge

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