Miller v. Wong
Filing
5
ORDER OF DISMISSAL WITHOUT PREJUDICE. Signed by Judge Yvonne Gonzalez Rogers on 1/22/14. (Attachments: # 1 Certificate/Proof of Service)(sisS, COURT STAFF) (Filed on 1/22/2014)
<![CDATA[
1
IN THE UNITED STATES DISTRICT COURT
2
FOR THE NORTHERN DISTRICT OF CALIFORNIA
3
BRUCE WAYNE MILLER,
4
5
No. C 13-04780 YGR (PR)
Petitioner,
ORDER OF DISMISSAL WITHOUT
PREJUDICE
vs.
6
JUDGE WONG, California Superior Court,
7
Respondent.
/
8
On October 15, 2013, Petitioner filed the present petition for a writ of habeas corpus
10
United States District Court
For the Northern District of California
9
pursuant to 28 U.S.C. ยง 2254. On the same day the action was filed, the Court sent a notification to
11
Petitioner informing him that his action could not go forward until he paid the filing fee or filed a
12
completed prisoner's in forma pauperis application. The Clerk of the Court sent Petitioner a blank in
13
forma pauperis application and told him that he must pay the fee or return the completed application
14
within twenty-eight days or his action would be dismissed. Petitioner filed an in forma pauperis
15
application and his prisoner trust account statement; however, he did not file a signed copy of
16
Certificate of Funds.
17
On December 5, 2013, the Court sent a second notification to Petitioner informing him that
18
he did not file his Certificate of Funds. The Court directed Petitioner to either pay the fee or submit
19
the requisite document within twenty-eight days or his action would be dismissed.
20
21
22
More than twenty-eight days have passed, and Petitioner has not paid the filing fee or filed a
signed Certificate of Funds.
IT IS HEREBY ORDERED THAT this action is DISMISSED WITHOUT PREJUDICE.
23
Petitioner's in forma pauperis application is DENIED as incomplete. The Clerk shall enter
24
judgment, terminate all pending motions, and close the file.
25
This Order terminates Docket No. 3.
26
IT IS SO ORDERED.
27
28
DATED: 1/22/14
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
