Davis v. State of California

Filing 5

ORDER OF DISMISSAL. 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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JIMMY LEE DAVIS,

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No. C 11-04337 CW (PR)

Petitioner,

ORDER OF DISMISSAL

v.
STATE OF CALIFORNIA,
Respondent.

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On August 31, 2011, Petitioner, a state prisoner incarcerated

United States District Court
For the Northern District of California

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at the San Francisco County Jail, filed a document with the Court

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entitled, "Complaint, Case No. 11675352," which was opened as a

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habeas corpus action.

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challenging the validity of his arrest on August 11, 2011, and

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pending criminal prosecution.

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In the document, Petitioner appears to be

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 and if he did not, his

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action would be dismissed.

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directing him to either pay the filing fee or file a completed

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prisoner's in forma pauperis (IFP) application.

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Petitioner a blank IFP application and told him that he must pay

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the fee or return the completed application within thirty days or

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his action would be dismissed.

He was also sent another notice

The Clerk sent

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More than thirty days have passed since the Clerk sent the

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above two notices to Petitioner, and Petitioner has not filed a

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habeas corpus petition, paid the filing fee or filed an IFP

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application, or otherwise communicated with the Court.

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Accordingly, this action is DISMISSED without prejudice for
failure to comply with the Court's Order.
The Clerk shall enter judgment in accordance with this Order,
terminate all pending motions and 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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JIMMY LEE DAVIS,

Case Number: CV11-04337 CW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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CALIFORNIA STATE OF 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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Jimmy Lee Davis 11675352
B-7
850 Bryant St.
San Francisco, CA 94103
Dated: October 7, 2011
Richard W. Wieking, Clerk
By: Nikki Riley, Deputy Clerk

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