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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MELVIN JOSEPH SIMMONS, D66671,

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Petitioner,

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United States District Court
Northern District of California

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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

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not pay the requisite $5.00 filing fee or, instead, submit a signed and completed court-approved in

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forma pauperis (IFP) application, including a completed certificate of funds in the prisoner’s

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account and a copy of the prisoner’s trust account statement for the last six months. See 28 U.S.C.

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§ 1915(a)(2). 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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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

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MELVIN JOSEPH SIMMONS,

Case No. 3:17-cv-07188-CRB

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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THE STATE OF CALIFORNIA, et al.,
Defendants.

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United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.

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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.

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Melvin Joseph Simmons ID: D-66671
California State Prison Sacramento
Facility B Building 4 Cell #112
P.O. Box 290066
Represa, CA 95671

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Dated: March 12, 2018
Susan Y. Soong
Clerk, United States District Court
By:________________________
Lashanda Scott, Deputy Clerk to the
Honorable CHARLES R. BREYER

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