Powell v. Mule Creek State Prison et al

Filing 7

ORDER DISMISSING CASE WITHOUT PREJUDICE. Signed by Judge Yvonne Gonzalez Rogers on 2/13/2013. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 2/13/2013)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 DARIAN MANUEL POWELL, 4 5 6 7 Petitioner, ORDER OF DISMISSAL v. MULE CREEK STATE PRISON, Respondent. 8 9 No. C 12-05985 YGR (PR) / On November 26, 2012, Petitioner, a state prisoner, filed an unsigned petition for a writ of United States District Court For the Northern District of California 10 habeas corpus pursuant to 28 U.S.C. ยง 2254. On the same day the action was filed the Clerk of the 11 Court sent a notice to Petitioner informing him that his action could not go forward until he signed 12 his petition within thirty days or his action would be dismissed. He was also sent another notice 13 directing him to either pay the filing fee or file a completed prisoner's in forma pauperis (IFP) 14 application. The Clerk sent Petitioner a blank IFP application and told him that he must pay the fee 15 or return the completed application with the requisite documents within thirty days or his action 16 would be dismissed. 17 18 On December 17, 2012, Petitioner filed his IFP application and prisoner trust account statement; however, he did not sign his petition or file his certificate of funds. 19 More than thirty days have passed, and Petitioner has not filed a signed petition or his 20 certificate of funds. Accordingly, this action is DISMISSED WITHOUT PREJUDICE. Because the 21 Court has already provided Petitioner with an opportunity to correct the deficiencies in his initial 22 filing, the Court does not grant any further leave to amend. 23 The Clerk shall enter judgment and close the file. 24 IT IS SO ORDERED. 25 DATED: February 13, 2013 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 26 27 28 G:\PRO-SE\YGR\HC.12\Powell5985.dismiss(noPET&noCoF).wpd

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