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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 LACEY SIVAK, Petitioner, 8 9 10 United States District Court Northern District of California 11 Case No. 23-cv-06013-TLT ORDER OF DISMISSAL v. WILLIAM A. FLETCHER, et al., Respondents. 12 13 Petitioner, an Idaho state prisoner proceeding pro se, filed a petition for writ of mandamus 14 seeking to compel certain conduct by Ninth Circuit Court of Appeals judges. ECF 1. Petitioner 15 also simultaneously filed a “request to proceed without costs on claim of imminent danger,” 16 stating that petitioner “is illegally held, and, any crimes committed on [him] are imminent 17 danger.” ECF 2 at 2. 18 That same day, the Clerk of the Court informed petitioner that this action was deficient 19 because he had not submitted an in forma pauperis (IFP) application or paid the filing fee. ECF 3. 20 The Court informed petitioner that he needed to correct the deficiencies within twenty-eight days 21 from the date of the notice to avoid dismissal of this action. Id. The deadline has passed, and 22 petitioner has not submitted an IFP application or paid the fee. 23 The Court therefore DISMISSES this action without prejudice. Because this dismissal is 24 without prejudice, petitioner may move to reopen the action. Any such motion must contain either 25 the $405 filing fee or a complete in forma pauperis application. Petitioner should be aware that 26 his petition does not meet the imminent danger standard for the exception to the three-strikes bar 27 on filing IFP. See Ray v. Lara, 31 F.4th 692, 701 (9th Cir. 2022). 28 The clerk shall terminate any pending motions, enter judgment for respondents, and close 1 the file. 2 IT IS SO ORDERED. Dated: 3 February 5, 2024 4 5 TRINA L. THOMPSON United States District Judge 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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