Stanley v. Davis et al

Filing 3

ORDER OF DISMISSAL. Signed by Judge Charles R. Breyer on 5/22/2017. (Attachments: # 1 Certificate/Proof of Service)(lsS, COURT STAFF) (Filed on 5/22/2017)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JERRY F. STANLEY, C80900,
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Petitioner,
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v.
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RON DAVIS, et al.,
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Respondent(s).
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No. C 17-1907 CRB (PR)
ORDER OF DISMISSAL

Petitioner filed a pro se petition for a writ of habeas corpus under 28 U.S.C.

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§ 2254 on April 5, 2017. The court notified petitioner in writing on that date that

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the action was deficient because he did not pay the requisite $5.00 filing fee or,

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instead, submit a signed and completed court-approved in forma pauperis (IFP)

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application, including a completed certificate of funds in the prisoner’s account

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and a copy of the prisoner’s trust account statement for the last six months.

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Petitioner was advised that failure to file the requested items within 28 days would

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result in dismissal of the action.

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More than 40 days have elapsed; however, petitioner has not filed the

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requisite items or sought an extension of time to do so. The action is DISMISSED

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without prejudice to filing a new action accompanied by the requisite filing fee or

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a signed and completed IFP application.

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The clerk shall close the file and terminate all pending motions as moot.

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SO ORDERED.

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DATED: May 22, 2017

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G:\PRO-SE\CRB\HC.17\Stanley, J.17-1907.dsifp.wpd

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CHARLES R. BREYER
United States District Judge