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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1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 JERRY F. STANLEY, C80900, 7 8 9 10 11 12 ) ) Petitioner, ) ) v. ) ) ) RON DAVIS, et al., ) ) Respondent(s). _________________________________ ) 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. 13 § 2254 on April 5, 2017. The court notified petitioner in writing on that date that 14 the action was deficient because he did not pay the requisite $5.00 filing fee or, 15 instead, submit a signed and completed court-approved in forma pauperis (IFP) 16 application, including a completed certificate of funds in the prisoner’s account 17 and a copy of the prisoner’s trust account statement for the last six months. 18 Petitioner was advised that failure to file the requested items within 28 days would 19 result in dismissal of the action. 20 More than 40 days have elapsed; however, petitioner has not filed the 21 requisite items or sought an extension of time to do so. The action is DISMISSED 22 without prejudice to filing a new action accompanied by the requisite filing fee or 23 a signed and completed IFP application. 24 The clerk shall close the file and terminate all pending motions as moot. 25 SO ORDERED. 26 DATED: May 22, 2017 27 28 G:\PRO-SE\CRB\HC.17\Stanley, J.17-1907.dsifp.wpd ______________________ CHARLES R. BREYER United States District Judge

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