Williams v. Fernandez

Filing 7

ORDER OF DISMISSAL, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 12/6/11. (Attachments: # 1 Certificate/Proof of Service)(nah, COURT STAFF) (Filed on 12/6/2011)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 OAKLAND DIVISION 6 7 SYLVESTER WILLIAMS, Petitioner, 8 9 vs. ORDER OF DISMISSAL ALFONSO FERNANDEZ, 11 For the Northern District of California 10 United States District Court No. C 11-3747 PJH (PR) Respondent. / 12 13 This is a habeas case filed pro se by a state prisoner. On the day it was filed, the 14 clerk sent petitioner a notice that he had neither paid the five dollar filing fee nor submitted 15 an application for leave to proceed in forma pauperis (“IFP”). A copy of the court's form for 16 applications to proceed IFP was provided with the notice, along with a return envelope. 17 Petitioner was informed that if he did not either pay the fee or file the application within 18 thirty days the case would be dismissed. 19 A subsequent motion by petitioner for an extension of time to provide IFP materials 20 was granted, extending the deadline to November 4, 2011, but that deadline has passed 21 and petitioner still has not provided an IFP application or paid the filing fee. This case is 22 therefore DISMISSED without prejudice. The clerk shall close this file. 23 24 IT IS SO ORDERED. Dated: December 6, 2011. PHYLLIS J. HAMILTON United States District Judge 25 26 27 28 P:\PRO-SE\PJH\HC.11\WILLIAMS3747.DSM.wpd

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