Thomas v. Walker et al

Filing 4

ORDER DISMSSING CASE, Without Prejudice, signed by Judge Saundra Brown Armstrong, on 12/17/08. (lrc, COURT STAFF) (Filed on 12/19/2008) Modified on 12/22/2008 (jlm, COURT STAFF).

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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JAMES EDWARD THOMAS, Petitioner, No. C 08-03565 SBA (PR) ORDER OF DISMISSAL WITHOUT PREJUDICE WALKER, Warden, et al., Respondents. / Petitioner, a state prisoner, filed the present petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. On the same day the action was filed the Court sent a notification to Petitioner informing him that his action could not go forward until he paid the filing fee or filed a completed prisoner's in forma pauperis application. The Clerk of the Court sent Petitioner a blank in forma pauperis application and told him that he must pay the fee or return the completed application within thirty days or his action would be dismissed. Petitioner did not respond to the Clerk's notice. On October 22, 2008, the Court issued an Order Directing Payment of Filing Fee or Filing of In Forma Pauperis Application. The Clerk sent Petitioner another blank in forma pauperis application. The Court directed Petitioner to either pay the fee or return the completed application within thirty days or his action would be dismissed. More than thirty days have passed and Petitioner has not paid the filing fee, returned the in forma pauperis application or otherwise communicated with the Court. Accordingly, this action is DISMISSED WITHOUT PREJUDICE. The Court has rendered its final decision on this matter; therefore, this Order TERMINATES Plaintiff's case. IT IS SO ORDERED. DATED: 12/17/08 _______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge P:\PRO-SE\SBA\HC.08\Thomas3565.DISIfp.frm 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P:\PRO-SE\SBA\HC.08\Thomas3565.DISIfp.frm UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JAMES EDWARD THOMAS, Plaintiff, v. WALKER et al, Defendant. / Case Number: CV08-03565 SBA CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on December 19, 2008, 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. James Edward Thomas F-21197 California State Prison - Sacramento/Folsom P.O. Box 290066 Represa, CA 95670-0066 Dated: December 19, 2008 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk 2

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