Simmons v. The State of California et al

Filing 5

ORDER OF DISMISSAL (ECF No. 4). Signed by Judge Charles R. Breyer on 3/12/2018. (lsS, COURT STAFF) (Filed on 3/12/2018)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MELVIN JOSEPH SIMMONS, D66671, 8 Petitioner, 9 10 United States District Court Northern District of California 11 12 v. THE STATE OF CALIFORNIA, et al., Case No. 17-cv-07188-CRB (PR) ORDER OF DISMISSAL (ECF No. 4) Respondent(s). This purported habeas action by a state prisoner was filed on December 19, 2017. The court notified petitioner in writing at that time that the action was deficient because petitioner did 13 not pay the requisite $5.00 filing fee or, instead, submit a signed and completed court-approved in 14 forma pauperis (IFP) application, including a completed certificate of funds in the prisoner’s 15 account and a copy of the prisoner’s trust account statement for the last six months. See 28 U.S.C. 16 § 1915(a)(2). Petitioner was advised that failure to file the requested items within 28 days would 17 result in dismissal of the action. 18 19 20 21 22 23 24 25 26 27 28 But more than two months have elapsed and petitioner still has not provided the court with the requisite items. To date, petitioner only has filed an incomprehensible IFP application with no pertinent personal financial or trust account information. Petitioner’s incomplete IFP application (ECF No. 4) is DENIED and the action is DISMISSED without prejudice. The clerk shall close the file. IT IS SO ORDERED. Dated: March 12, 2018 ______________________________________ CHARLES R. BREYER United States District Judge 1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 MELVIN JOSEPH SIMMONS, Case No. 3:17-cv-07188-CRB Plaintiff, 7 v. CERTIFICATE OF SERVICE 8 9 THE STATE OF CALIFORNIA, et al., Defendants. 10 United States District Court Northern District of California 11 12 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 13 14 15 16 17 That on March 12, 2018, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 18 19 20 21 Melvin Joseph Simmons ID: D-66671 California State Prison Sacramento Facility B Building 4 Cell #112 P.O. Box 290066 Represa, CA 95671 22 23 24 25 26 27 Dated: March 12, 2018 Susan Y. Soong Clerk, United States District Court By:________________________ Lashanda Scott, Deputy Clerk to the Honorable CHARLES R. BREYER 28 2

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