Hackett v. Warden of C.C.C.F.

Filing 13

ORDER OF DISMISSAL WTIHOUT PREJUDICE. Signed by Judge Vince Chhabria on 5/26/2017. (Attachments: # 1 Certificate/Proof of Service)(knm, COURT STAFF) (Filed on 5/26/2017)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

DANNY RAY HACKETT,

Case No. 17-cv-00941-VC (PR)

Petitioner.
ORDER OF DISMISSAL WITHOUT
PREJUDICE

On February 23, 2017, Danny Ray Hackett, Jr., a state prisoner, filed a document with the
Court which the Clerk of the Court opened as a habeas corpus action. On the same day the
action was opened, the Clerk sent a notice to Hackett that his action could not go forward until
he filed a completed petition for a writ of habeas corpus on the Court’s form. The Clerk also
notified Hackett that he must submit a completed prisoner’s in forma pauperis (“IFP”)
application or pay the $5.00 filing fee. The Clerk sent Hackett a blank petition for a writ of
habeas corpus and a blank IFP application and told him that he must file the petition and either
pay the $5.00 fee or return the completed IFP application within twenty-eight days of the date of
the notice or his action would be dismissed.
Although Hackett has filed a petition, he has not paid the filing fee, returned the IFP
application or otherwise communicated with the Court.
Therefore, this action is dismissed without prejudice. Hackett may re-file his claims in a
separate case using the proper form for a federal petition for a writ of habeas corpus with the
$5.00 filing fee or completed IFP application. The Clerk shall terminate all pending motions,
enter a separate judgment and close the file.

IT IS SO ORDERED.
Dated: May 26, 2017
______________________________________
VINCE CHHABRIA
United States District Judge

2