Kearney v. Swarthout

Filing 13

ORDER OF DISMISSAL. Signed by Judge Claudia Wilken on 12/10/09. (scc, COURT STAFF) (Filed on 12/10/2009)

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 SHERROD KEARNEY, Petitioner, No. C 09-05308 CW (PR) ORDER OF DISMISSAL

G. SWARTHOUT, Warden, Respondent. /

On November 9, 2009, Petitioner filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He also filed

an "Ex Parte Application to Stay Proceedings Pending Exhaustion of State Court Remedies." On that same date, the Clerk of the Court

sent Petitioner a notice directing him to pay the requisite $5.00 filing fee or to file a completed in forma pauperis (IFP) application within thirty days or his action would be dismissed. More than thirty days have passed and Petitioner has not paid the filing fee, completed an IFP application, or otherwise communicated with the Court. The Court cannot conduct an initial review of this

matter or respond to Petitioner's request for a stay because he has neither paid the filing fee nor completed an IFP application. See

28 U.S.C. § 1915(a) (a party is permitted to file a civil action in federal court without prepayment of fees or security if he makes affidavit that he is unable to pay such fees or give security therefor). Accordingly, this action is DISMISSED WITHOUT PREJUDICE. Clerk of the Court shall close the file. IT IS SO ORDERED. Dated: 12/10/09 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE The

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 Sherrod Kearney F-26829 CSP-Solano P.O. Box 4000 Vacaville, CA 95696-4000 Dated: December 10, 2009 v. G. SWARTHOUT et al, Defendant. SHERROD KEARNEY, Plaintiff,

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV09-05308 CW 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 10, 2009, 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.

Richard W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk

2