Velasquez v. Giurbino et al

Filing 10

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 8/26/10. (lrc, COURT STAFF) (Filed on 8/26/2010)

Velasquez v. Giurbino et al

Doc. 10

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

RONALD VELASQUEZ, Petitioner,

No. C 10-01814 SBA (PR) ORDER OF DISMISSAL WITHOUT PREJUDICE; AND TERMINATING PENDING MOTIONS

GEORGE J. GIURBINO, et al., Respondents. / Petitioner, a state prisoner, filed the present petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Before the Court are Petitioner's motions for appointment of counsel, for an evidentiary hearing, and for leave to proceed in forma pauperis. 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 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. On May 26, 2010, Petitioner filed a motion for extension of time to file the requisite filing fee. On the same day, Petitioner filed an in forma pauperis application and prisoner trust account statement; however, he did not file copies of his certificate of funds. On June 21, 2010, the Court issued an Order Regarding In Forma Pauperis Motion. The Court directed Petitioner to either pay the fee or submit his certificate of funds within thirty days of the date of the Order. Petitioner was also informed that the failure to pay the filing fee or file his certificate of funds within the thirty-day deadline shall result in dismissal of this action. More than thirty days have passed, and Petitioner has not paid the filing fee or filed a copy of his certificate of funds. Accordingly, this action is DISMISSED WITHOUT PREJUDICE. The Court has rendered its final decision on this matter; therefore, this Order TERMINATES Petitioner's case. Petitioner's in forma pauperis application is DENIED as incomplete.

Dockets.Justia.com

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The Clerk of the Court shall terminate all pending motions as moot and close the file. This Order terminates Docket nos. 4, 5, and 7. IT IS SO ORDERED. DATED: 8/26/10 _______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge

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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

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

RONALD VELASQUEZ, Plaintiff, v. GEORGE J. GIURBINO et al, Defendant. /

Case Number: CV10-01814 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 August 26, 2010, 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.

Ronald Velasquez T-45458 Pelican Bay State Prison P.O. Box 7500 SHU C6/113 Crescent City, CA 95531-7500 Dated: August 26, 2010 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk

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