Caradine v. Foulk

Filing 4

ORDER DISMISSING CASE WITHOUT PREJUDICE, ***Civil Case Terminated.. Signed by Judge Yvonne Gonzalez Rogers on 9/24/13. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 9/24/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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KEVIN CARADINE,

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No. C 13-03619 YGR (PR)

Petitioner,

ORDER OF DISMISSAL WITHOUT
PREJUDICE

vs.
FRED FOULK, Acting Warden,
Respondent.

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/

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On August 5, 2013, Petitioner, a state prisoner, filed the present petition for a writ of habeas

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United States District Court
For the Northern District of California

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corpus pursuant to 28 U.S.C. § 2254. He also filed an in forma pauperis application and his prisoner

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trust account statement; however, he did not file a copy of his Certificate of Funds.

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On the same date, the Clerk of the Court sent a notification to Petitioner informing him that

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his action could not go forward until he either paid the fee or submitted a copy of his Certificate of

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Funds within twenty-eight days. Petitioner was also informed that the failure to pay the filing fee or

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file the requisite document within the twenty-eight-day deadline shall result in dismissal of this

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action.

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More than twenty-eight days have passed, and Petitioner has not paid the filing fee or filed a
copy of his Certificate of Funds.
IT IS HEREBY ORDERED THAT this action is DISMISSED WITHOUT PREJUDICE.

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

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

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This Order terminates Docket no. 2.

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IT IS SO ORDERED.

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DATED: September 24, 2013
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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