Miller v. Wong
Filing
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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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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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BRUCE WAYNE MILLER,
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No. C 13-04780 YGR (PR)
Petitioner,
ORDER OF DISMISSAL WITHOUT
PREJUDICE
vs.
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JUDGE WONG, California Superior Court,
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Respondent.
/
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On October 15, 2013, Petitioner filed the present petition for a writ of habeas corpus
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United States District Court
For the Northern District of California
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pursuant to 28 U.S.C. ยง 2254. On the same day the action was filed, the Court sent a notification to
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Petitioner informing him that his action could not go forward until he paid the filing fee or filed a
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completed prisoner's in forma pauperis application. The Clerk of the Court sent Petitioner a blank in
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forma pauperis application and told him that he must pay the fee or return the completed application
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within twenty-eight days or his action would be dismissed. Petitioner filed an in forma pauperis
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application and his prisoner trust account statement; however, he did not file a signed copy of
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Certificate of Funds.
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On December 5, 2013, the Court sent a second notification to Petitioner informing him that
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he did not file his Certificate of Funds. The Court directed Petitioner to either pay the fee or submit
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the requisite document within twenty-eight days or his action would be dismissed.
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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.
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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. 3.
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IT IS SO ORDERED.
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DATED: 1/22/14
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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