Bouie v. Cullen

Filing 7

ORDER OF DISMISSAL. Signed by Judge Claudia Wilken on 4/19/2011. (ndr, COURT STAFF) (Filed on 4/19/2011)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 DARYL BOUIE, 4 5 6 Petitioner, ORDER OF DISMISSAL v. VINCENT S. CULLEN, 7 Respondent. 8 9 No. C 10-05650 CW (PR) / On December 13, 2010, Petitioner, a state prisoner, filed a United States District Court For the Northern District of California 10 document with the Court entitled, "Motion for Continuance of Time 11 for Filing My Writ of Habeas Corpus With the Federal Court System," 12 which was opened as a habeas corpus action. 13 Petitioner requests "additional time for filing [his] writ of 14 habeas corpus in the federal court, stemming from the denial of 15 [his] state supreme court writ on 11/17/10, S182357." 16 at 1.) 17 after my release from administrative segregation and being released 18 to general population, where I can successfully obtain law library 19 access and acquire the legal documents that are in my boxed-up 20 property." 21 In his motion, (Pet'r Mot. He further states: "I am requesting an additional 30 days (Id.) On the same day the action was filed the Clerk of the Court 22 sent a notice to Petitioner informing him that his action could not 23 go forward until he filed with the Court a habeas corpus petition 24 form, completed in full, within thirty days or his action would be 25 dismissed. 26 pay the filing fee or file a completed prisoner's in forma pauperis 27 (IFP) application. 28 application and told him that he must pay the fee or return the He was also sent another notice directing him to either The Clerk sent Petitioner a blank IFP 1 completed application within thirty days or his action would be 2 dismissed. 3 On January 24, 2011, the Clerk sent Petitioner a second notice 4 directing him to file his IFP application and a habeas corpus 5 petition form within thirty days or his action would be dismissed. 6 On January 31, 2011, Petitioner sent a letter to the Court 7 requesting another extension of time to file his petition because 8 he was being "illegally barred from having access to [his] legal 9 property, [from] all law library access, and the administration United States District Court For the Northern District of California 10 won't even sign my pauperis form." (Jan. 31, 2011 Letter at 1.) 11 On February 11, 2011, the Clerk sent Petitioner a third 12 notice, granting him another thirty-day extension of time in which 13 to file the requisite documents or his action would be dismissed. 14 More than thirty days have passed since the date of the 15 Clerk's third notice, and Petitioner has not filed a petition or 16 his IFP application. 17 Accordingly, this action is DISMISSED without prejudice for 18 failure to prosecute, pursuant to Federal Rule of Civil Procedure 19 41(b). 20 three extensions of time to file his petition and IFP application, 21 his "Motion for Continuance of Time for Filing My Writ of Habeas 22 Corpus With the Federal Court System" (docket no. 1) is DENIED as 23 moot. 24 25 26 27 Because the Court has already provided Petitioner with The Clerk shall enter judgment in accordance with this Order, terminate all pending motions and close the file. IT IS SO ORDERED. Dated: 4/19/2011 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE 28 2 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 2 3 DARYL BOUIE, Case Number: CV10-05650 CW 4 Plaintiff, CERTIFICATE OF SERVICE 5 v. 6 VINCENT S CULLEN et al, 7 Defendant. 8 9 United States District Court For the Northern District of California 10 11 12 / 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 April 19, 2011, 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. 13 14 15 16 17 18 Daryl Bouie E-31124 CSP-San Quentin 3-D-30 San Quentin, CA 94974 Dated: April 19, 2011 Richard W. Wieking, Clerk By: Nikki Riley, Deputy Clerk 19 20 21 22 23 24 25 26 27 28 3

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