Weibel v. Hennessy

Filing 5

ORDER OF DISMISSAL WITHOUT PREJUDICE. Signed by Judge Claudia Wilken on 10/7/2011. (ndr, COURT STAFF) (Filed on 10/7/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL L. WEIBEL,

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Petitioner,

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No. C 11-04281 CW (PR)
ORDER OF DISMISSAL WITHOUT
PREJUDICE

v.

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MICHAEL HENNESSY, Sheriff, San
Francisco County,

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Respondent.

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On August 30, 2011, Petitioner, a state prisoner, filed the

United States District Court
For the Northern District of California

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present petition for a writ of habeas corpus pursuant to 28 U.S.C.
§ 2254.

and his prisoner trust account statement; however, he did not file
his certificate of funds signed by prison officials.

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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 certificate of funds signed by
prison officials.

The Clerk of the Court sent Petitioner a blank

in forma pauperis application and told him that he must pay the fee
or return a completed application along with the signed certificate
of funds within thirty days or his action would be dismissed.
On September 2, 2011, the Court received from Petitioner a

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He also filed a completed in forma pauperis application

letter stating that he was having trouble obtaining a copy of his
certificate of funds.

The letter was mailed on August 28, 2011,

two days before the Court sent Petitioner the above notice
providing him an additional thirty days to file a signed
certificate of funds.
//

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More than thirty days have passed since the Court's notice was

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sent to Petitioner, and Petitioner has not paid the filing fee,

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returned the signed certificate of funds or otherwise communicated

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with the Court.

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PREJUDICE.

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Accordingly, this action is DISMISSED WITHOUT

The Clerk of the Court shall close the file.

IT IS SO ORDERED.
Dated: 10/7/2011
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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United States District Court
For the Northern District of California

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL L WEIBEL,

Case Number: CV11-04281 CW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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MICHAEL HENNESSY 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 October 7, 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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Michael L. Weibel AG7988
P.O. Box 2210
Susanville, CA 96127

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Dated: October 7, 2011

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Richard W. Wieking, Clerk
By: Nikki Riley, Deputy Clerk

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