Sivak v. Fletcher et al

Filing 13

ORDER OF DISMISSAL. Signed by Judge Trina L. Thompson on 2/5/2024. (rfm, COURT USER) (Filed on 2/5/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LACEY SIVAK,
Petitioner,

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United States District Court
Northern District of California

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Case No. 23-cv-06013-TLT
ORDER OF DISMISSAL

v.
WILLIAM A. FLETCHER, et al.,
Respondents.

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Petitioner, an Idaho state prisoner proceeding pro se, filed a petition for writ of mandamus

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seeking to compel certain conduct by Ninth Circuit Court of Appeals judges. ECF 1. Petitioner

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also simultaneously filed a “request to proceed without costs on claim of imminent danger,”

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stating that petitioner “is illegally held, and, any crimes committed on [him] are imminent

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danger.” ECF 2 at 2.

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That same day, the Clerk of the Court informed petitioner that this action was deficient

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because he had not submitted an in forma pauperis (IFP) application or paid the filing fee. ECF 3.

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The Court informed petitioner that he needed to correct the deficiencies within twenty-eight days

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from the date of the notice to avoid dismissal of this action. Id. The deadline has passed, and

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petitioner has not submitted an IFP application or paid the fee.

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The Court therefore DISMISSES this action without prejudice. Because this dismissal is

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without prejudice, petitioner may move to reopen the action. Any such motion must contain either

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the $405 filing fee or a complete in forma pauperis application. Petitioner should be aware that

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his petition does not meet the imminent danger standard for the exception to the three-strikes bar

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on filing IFP. See Ray v. Lara, 31 F.4th 692, 701 (9th Cir. 2022).

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The clerk shall terminate any pending motions, enter judgment for respondents, and close

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the file.

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IT IS SO ORDERED. Dated:

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February 5, 2024

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TRINA L. THOMPSON
United States District Judge

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United States District Court
Northern District of California

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