Simmons v. Adams

Filing 13

ORDER OF DISMISSAL. This dismissal is without prejudice; Simmons may move to reopen the action. Any such motion must be accompanied by full payment for the $5.00 filing fee. Signed by Judge William H. Orrick on 11/16/2017. (Attachments: # 1 Certificate/Proof of Service) (jmdS, COURT STAFF) (Filed on 11/16/2017)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 LEYLANI SIMMONS, 10 Petitioner, United States District Court Northern District of California 11 12 13 Case No. 17-cv-04311-WHO (PR) ORDER OF DISMISSAL v. D. ADAMS, Respondent. 14 15 Petitioner Leylani Simmons has not complied with the Court’s order to pay the 16 filing fee by the deadline. Accordingly, this federal habeas action is DISMISSED without 17 prejudice for failing to respond to the Court’s order, and for failure to prosecute, see Fed. 18 R. Civ. P. 41(b). 19 20 Because this dismissal is without prejudice, Simmons may move to reopen the action. Any such motion must be accompanied by full payment for the $5.00 filing fee. 21 The Clerk shall enter judgment in favor of respondent, and close the file. 22 IT IS SO ORDERED. 23 24 25 26 27 28 Dated: November 16, 2017 _________________________ WILLIAM H. ORRICK United States District Judge

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