Herndon v. Appeals Coordinator

Filing 17

ORDER DISMISSING CASE WITHOUT PREJUDICE, Petitioner's In Forma Pauperis application is DENIED as incomplete, ***Civil Case Terminated. Signed by Judge Yvonne Gonzalez Rogers on 5/31/12. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 5/31/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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GERROD HERNDON,

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No. C 11-06286 YGR (PR)

Petitioner,

ORDER OF DISMISSAL WITHOUT
PREJUDICE

vs.
APPEALS COORDINATOR,
Respondent.

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/

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On December 14, 2011, Petitioner, a state prisoner, filed the present petition for a writ of

United States District Court
For the Northern District of California

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habeas corpus pursuant to 28 U.S.C. § 2254. On the same day the action was filed the Clerk of the

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Court sent a notification to Petitioner informing him that his action could not go forward until he

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paid the filing fee or filed a completed prisoner's in forma pauperis application. The Clerk sent

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Petitioner a blank in forma pauperis application and told him that he must pay the fee or return the

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completed application within thirty days or his action would be dismissed.

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Petitioner failed to pay the filing fee or complete a prisoner's in forma pauperis application

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within the specified time. Therefore, on January 25, 2012, the Clerk sent a second notification to

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Petitioner again informing him that his action could not go forward until he paid the filing fee or

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filed a completed prisoner's in forma pauperis application. The Clerk again sent Petitioner a blank

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in forma pauperis application and told him that he must pay the fee or return the completed

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application within thirty days or his action would be dismissed.

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On February 7, 2012, Petitioner filed an completed in forma pauperis application and a

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certificate of funds. (Docket no. 8.) He did not, however, include a copy of his prisoner trust

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account statement. In addition, his certificate of funds was not completed or signed by an authorized

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officer at the prison. The certificate of funds must be completed and signed by an authorized officer

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at the prison.

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Because Petitioner's in forma pauperis application was still deficient for the above-

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referenced reasons, on March 19, 2012, the Clerk send a third notification to Petitioner. This

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notification informed Petitioner that his application was deficient due to the failure to include a

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prisoner trust account statement and the failure to include a certificate of funds completed and

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signed by an authorized officer at the prison.

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On April 4, 2012, Petitioner filed another in forma pauperis application. (Docket no. 16.)

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As with the prior application, however, Petitioner failed to include a copy of his prisoner trust

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account statement. It also appears that he completed his own certificate of funds.

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More than two months have passed since Petitioner received the third notification from the

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Clerk instructing him how to cure the deficiencies in his in forma pauperis application. Petitioner,

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however, has failed to cure these deficiencies.

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Accordingly, IT IS HEREBY ORDERED THAT this action is DISMISSED WITHOUT

United States District Court
For the Northern District of California

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PREJUDICE. Petitioner's in forma pauperis application is DENIED as incomplete. The Clerk shall

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enter judgment, terminate all pending motions, and close the file.

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This Order terminates Docket nos. 8 and 16.

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IT IS SO ORDERED.

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DATED:

May 31, 2012
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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