Phan v. Cate

Filing 6

ORDER OF DISMISSAL, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 1/3/12. (Attachments: # 1 Certificate/Proof of Service)(nah, COURT STAFF) (Filed on 1/3/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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TRUNG QUANG PHAN,
Petitioner,

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vs.

ORDER OF DISMISSAL

MATHEW CATE, Warden,
Respondent.

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For the Northern District of California

United States District Court

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No. C 11-5286 PJH (PR)

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This pro se habeas action was filed on October 31, 2011. The court notified

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petitioner on that same day that he had not paid the filing fee and that his application to

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proceed in forma pauperis was deficient. The certificate of funds in inmate account on

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page five of the application was not completed or signed, and petitioner had not attached

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the printout of transactions in his inmate account required by the instructions. A copy of the

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court's form for applications to proceed in forma pauperis was provided with the notice,

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along with a return envelope. Petitioner was informed that if he did not either pay the fee or

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file a complete application within thirty days the case would be dismissed. No response

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has been received.

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This case is therefore DISMISSED without prejudice. The clerk shall close this file.

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IT IS SO ORDERED.

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Dated: January 3, 2012.
PHYLLIS J. HAMILTON
United States District Judge

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P:\PRO-SE\PJH\HC.11\PHAN5286.Dismiss ifp.wpd