Harvey v. Swarthout

Filing 4

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 1/19/12. (lrc, COURT STAFF) (Filed on 1/25/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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CLARENCE ADIE HARVEY,
Petitioner,

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For the Northern District of California

United States District Court

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ORDER OF DISMISSAL WITHOUT
PREJUDICE

v.
G. SWARTHOUT, Warden,
Respondent.

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No. C 11-06232 SBA (PR)

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On December 13, 2011, Petitioner, a state prisoner, filed the present petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254. On December 16, 2011, 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
completed prisoner's in forma pauperis application. The Clerk of the Court sent Petitioner a blank in
forma pauperis application and told him that he must pay the fee or return the completed application
within thirty days or his action would be dismissed.
More than thirty days have passed and Petitioner has not paid the filing fee, returned the in
forma pauperis application or otherwise communicated with the Court.
IT IS HEREBY ORDERED THAT this action is DISMISSED WITHOUT PREJUDICE.
The Court has rendered its final decision on this matter; therefore, this Order TERMINATES
Petitioner's case. The Clerk of the Court shall close the file.
IT IS SO ORDERED.

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DATED:

1/19/12

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_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
CLARENCE ADIE HARVEY,
Case Number: CV11-06232 SBA

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Plaintiff,
CERTIFICATE OF SERVICE
v.
G. SWARTHOUT et al,
Defendant.

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For the Northern District of California

United States District Court

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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 January 25, 2012, 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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Clarence Adie Harvey F-18007
California State Prison - Solano
2100 Peabody Road
Vacaville, CA 95696

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Dated: January 25, 2012

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Richard W. Wieking, Clerk
By: LISA R CLARK, Deputy Clerk

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