Morrow v. Swarthout

Filing 3

ORDER OF DISMISSAL. Signed by Judge Claudia Wilken on 11/3/2011. (ndr, COURT STAFF) (Filed on 11/3/2011)

Download PDF
1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 CORNELL MORROW, No. C 11-04809 CW (PR) 4 Petitioner, ORDER OF DISMISSAL 5 v. 6 GARY SWARTHOUT, 7 Respondent. 8 9 On September 28, 2011, Petitioner, a state prisoner United States District Court For the Northern District of California 10 incarcerated at California State Prison — Solano, filed the present 11 pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254. 12 On the same day the action was filed the Clerk of the Court 13 sent a notice to Petitioner informing him that his action could not 14 go forward because he had not paid the filing fee or filed a 15 completed prisoner's in forma pauperis (IFP) application. The 16 Clerk sent Petitioner a blank IFP application and told him that he 17 must pay the fee or return the completed application within thirty 18 days or his action would be dismissed. 19 More than thirty days have passed since the Clerk sent the 20 above notice to Petitioner, and Petitioner has not paid the filing 21 fee, filed an IFP application or otherwise communicated with the 22 Court. Accordingly, this action is DISMISSED without prejudice for 23 failure to comply with the Court's Order. 24 The Clerk shall enter judgment in accordance with this Order 25 and close the file. 26 IT IS SO ORDERED. 27 Dated: 11/3/2011 28 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 2 3 CORNELL MORROW, Case Number: CV11-04809 CW 4 Plaintiff, CERTIFICATE OF SERVICE 5 v. 6 // 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 November 3, 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 19 Cornell Morrow G53093 Bldg. 1-243 up CSP-Solano P.O. Box 4000 2100 Peabody Vacaville, CA 95696-4000 Dated: November 3, 2011 Richard W. Wieking, Clerk By: Nikki Riley, Deputy Clerk 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?