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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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 JIMMY LEE DAVIS, 4 5 6 7 No. C 11-04337 CW (PR) Petitioner, ORDER OF DISMISSAL v. STATE OF CALIFORNIA, Respondent. / 8 9 On August 31, 2011, Petitioner, a state prisoner incarcerated United States District Court For the Northern District of California 10 at the San Francisco County Jail, filed a document with the Court 11 entitled, "Complaint, Case No. 11675352," which was opened as a 12 habeas corpus action. 13 challenging the validity of his arrest on August 11, 2011, and 14 pending criminal prosecution. 15 In the document, Petitioner appears to be On the same day the action was filed the Clerk of the Court 16 sent a notice to Petitioner informing him that his action could not 17 go forward until he filed with the Court a habeas corpus petition 18 form, completed in full, within thirty days and if he did not, his 19 action would be dismissed. 20 directing him to either pay the filing fee or file a completed 21 prisoner's in forma pauperis (IFP) application. 22 Petitioner a blank IFP application and told him that he must pay 23 the fee or return the completed application within thirty days or 24 his action would be dismissed. He was also sent another notice The Clerk sent 25 More than thirty days have passed since the Clerk sent the 26 above two notices to Petitioner, and Petitioner has not filed a 27 habeas corpus petition, paid the filing fee or filed an IFP 28 application, or otherwise communicated with the Court. 1 2 3 4 5 6 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 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 2 3 JIMMY LEE DAVIS, Case Number: CV11-04337 CW 4 Plaintiff, CERTIFICATE OF SERVICE 5 v. 6 CALIFORNIA STATE OF 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 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. 13 14 15 16 17 18 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 19 20 21 22 23 24 25 26 27 28 3

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