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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DARIAN MANUEL POWELL,

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Petitioner,

ORDER OF DISMISSAL

v.
MULE CREEK STATE PRISON,
Respondent.

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No. C 12-05985 YGR (PR)

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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

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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 notice to Petitioner informing him that his action could not go forward until he signed

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his petition within thirty days or his action would be dismissed. He was also sent another notice

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directing him to either pay the filing fee or file a completed prisoner's in forma pauperis (IFP)

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application. The Clerk sent Petitioner a blank IFP application and told him that he must pay the fee

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or return the completed application with the requisite documents within thirty days or his action

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would be dismissed.

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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.

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More than thirty days have passed, and Petitioner has not filed a signed petition or his

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certificate of funds. Accordingly, this action is DISMISSED WITHOUT PREJUDICE. Because the

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Court has already provided Petitioner with an opportunity to correct the deficiencies in his initial

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filing, the Court does not grant any further leave to amend.

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The Clerk shall enter judgment and close the file.

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IT IS SO ORDERED.

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DATED: February 13, 2013
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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