Madewell v. Brown et al

Filing 5

ORDER OF DISMISSAL WITHOUT PREJUDICE. Signed by Judge Claudia Wilken on 12/3/2013. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 12/3/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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MARK ALLEN MADEWELL,

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No. C 13-4164 CW (PR)

Petitioner,

ORDER OF DISMISSAL
WITHOUT PREJUDICE

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v.
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United States District Court
For the Northern District of California

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CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION,
et al.,
Respondents.
________________________________/

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This action was opened on September 9, 2013, when Petitioner
filed a petition for a writ of habeas corpus under 28 U.S.C.

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§ 2241.

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Court notified Petitioner that he must file an application to

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proceed in forma pauperis (IFP) or pay the $5.00 filing fee.

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September 17, 2013, Petitioner filed an IFP application.

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the application was incomplete because he did not submit a

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Certificate of Funds in Prisoner’s Account completed and signed by

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an authorized officer at the prison or a copy of his prisoner

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trust account statement showing transactions for the last six

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months.

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of this deficiency with a blank IFP application and told him that

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he must submit the missing documents within twenty-eight days or

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his action would be dismissed, the file closed and the filing fee

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would become due immediately.

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On the same day the action was opened, the Clerk of the

On

However,

On September 23, 2013, the Clerk sent Petitioner notice

See Doc. no. 4.

More than twenty-eight days have passed and Petitioner has
not filed the necessary documents nor has he communicated with the

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Court in any way.

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PREJUDICE.

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Accordingly, this action is DISMISSED WITHOUT

The Clerk of the Court shall close the file.

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IT IS SO ORDERED.

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Dated: 12/3/2013

____________________________
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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United States District Court
For the Northern District of California

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