Allen v. Martel

Filing 4

ORDER OF DISMISSAL WITHOUT PREJUDICEDISMISSING CASE.Motions terminated: 2 MOTION for Leave to Proceed in forma pauperis filed by William M. Allen. Signed by Judge Claudia Wilken on 11/17/2010. (ndr, COURT STAFF) (Filed on 11/17/2010)

Allen v. Martel

Doc. 4

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 WILLIAM M. ALLEN, Petitioner, No. C 10-04516 CW (PR) ORDER OF DISMISSAL WITHOUT PREJUDICE

M. MARTEL, Warden, Respondent. /

On October 6, 2010, Petitioner, a state prisoner, filed the present petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He also filed an in forma pauperis(IFP)application;

however, he did not file copies of his certificate of funds and prisoner trust account statement. On the same day the action was

filed the Court sent a notification to Petitioner informing him that his IFP application was deficient due to the failure to include a signed certificate of funds and a prisoner trust account statement for the previous six months. 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. 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. DISMISSED WITHOUT PREJUDICE. the file. IT IS SO ORDERED. Dated: 11/17/2010 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE Accordingly, this action is

The Clerk of the Court shall close

Dockets.Justia.com

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 WILLIAM M. ALLEN, Plaintiff, v. M. MARTEL et al, Defendant.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV10-04516 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 November 18, 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.

William M. Allen C-35239 Mule Creek State Prison P.O. Box 409060 Ione, CA 95640 Dated: November 18, 2010 Richard W. Wieking, Clerk By: Nikki Riley, Deputy Clerk

2