Bouie v. Cullen
Filing
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ORDER OF DISMISSAL. Signed by Judge Claudia Wilken on 4/19/2011. (ndr, COURT STAFF) (Filed on 4/19/2011)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DARYL BOUIE,
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Petitioner,
ORDER OF DISMISSAL
v.
VINCENT S. CULLEN,
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Respondent.
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No. C 10-05650 CW (PR)
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On December 13, 2010, Petitioner, a state prisoner, filed a
United States District Court
For the Northern District of California
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document with the Court entitled, "Motion for Continuance of Time
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for Filing My Writ of Habeas Corpus With the Federal Court System,"
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which was opened as a habeas corpus action.
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Petitioner requests "additional time for filing [his] writ of
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habeas corpus in the federal court, stemming from the denial of
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[his] state supreme court writ on 11/17/10, S182357."
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at 1.)
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after my release from administrative segregation and being released
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to general population, where I can successfully obtain law library
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access and acquire the legal documents that are in my boxed-up
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property."
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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
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sent a notice to Petitioner informing him that his action could not
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go forward until he filed with the Court a habeas corpus petition
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form, completed in full, within thirty days or his action would be
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dismissed.
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pay the filing fee or file a completed prisoner's in forma pauperis
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(IFP) application.
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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
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completed application within thirty days or his action would be
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dismissed.
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On January 24, 2011, the Clerk sent Petitioner a second notice
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directing him to file his IFP application and a habeas corpus
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petition form within thirty days or his action would be dismissed.
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On January 31, 2011, Petitioner sent a letter to the Court
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requesting another extension of time to file his petition because
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he was being "illegally barred from having access to [his] legal
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property, [from] all law library access, and the administration
United States District Court
For the Northern District of California
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won't even sign my pauperis form."
(Jan. 31, 2011 Letter at 1.)
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On February 11, 2011, the Clerk sent Petitioner a third
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notice, granting him another thirty-day extension of time in which
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to file the requisite documents or his action would be dismissed.
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More than thirty days have passed since the date of the
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Clerk's third notice, and Petitioner has not filed a petition or
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his IFP application.
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Accordingly, this action is DISMISSED without prejudice for
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failure to prosecute, pursuant to Federal Rule of Civil Procedure
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41(b).
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three extensions of time to file his petition and IFP application,
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his "Motion for Continuance of Time for Filing My Writ of Habeas
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Corpus With the Federal Court System" (docket no. 1) is DENIED as
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moot.
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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
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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
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DARYL BOUIE,
Case Number: CV10-05650 CW
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Plaintiff,
CERTIFICATE OF SERVICE
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v.
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VINCENT S CULLEN et al,
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Defendant.
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United States District Court
For the Northern District of California
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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.
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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
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