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)

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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

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