Saldana v. Curry

Filing 3

ORDER OF DISMISSAL WITHOUT PREJUDICE. Signed by Judge Claudia Wilken on 12/17/2010. (ndr, COURT STAFF) (Filed on 12/17/2010)

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Saldana v. Curry Doc. 3 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. B. CURRY, Warden, Respondent. / PACO SALDANA, Petitioner, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA No. C 10-05011 CW (PR) ORDER OF DISMISSAL WITHOUT PREJUDICE On November 5, 2010, 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. 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: 12/17/2010 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 PACO SALDANA, Plaintiff, v. B CURRY et al, Defendant. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case Number: CV10-05011 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 17, 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. Paco Saldana H-48305 Correctional Training Facility P.O. Box 689 Soledad, CA 93960-0689 Dated: December 17, 2010 Richard W. Wieking, Clerk By: Nikki Riley, Deputy Clerk 2

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