Montenegro v. Lewis et al

Filing 4

ORDER DISMISSING CASE WITHOUT PREJUDICE. Signed by Judge Yvonne Gonzalez Rogers on 2/27/13. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 2/27/2013)

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1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 ROBERT V. MONTENEGRO, 5 6 7 8 9 United States District Court For the Northern District of California 10 Petitioner, No. C 13-00244 YGR (PR) ORDER OF DISMISSAL WITHOUT PREJUDICE vs. GREG LEWIS, et al., Warden, Respondents. _______________________________________/ On January 17, 2013, Petitioner, a state prisoner, filed the present petition for a writ of 11 habeas corpus pursuant to 28 U.S.C. ยง 2254. On the same day the action was filed the Court sent a 12 notification to Petitioner informing him that his action could not go forward until he paid the filing 13 fee or filed a completed prisoner's in forma pauperis application. The Clerk of the Court sent 14 Petitioner a blank in forma pauperis application and told him that he must pay the fee or return the 15 completed application within thirty days or his action would be dismissed. 16 17 18 19 20 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 Clerk shall enter judgment, terminate all pending motions, and close the file. IT IS SO ORDERED. 21 22 DATED: February 27, 2013 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 23 24 25 26 27 28 G:\PRO-SE\YGR\HC.13\Montenegro0244.DISIFP.frm

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