Cleveland v. State of California et al

Filing 4

ORDER OF DISMISSAL WITHOUT PREJUDICE. Signed by Judge Saundra Brown Armstrong on 12/16/2013. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 12/17/2013)

IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ORDER OF DISMISSAL WITHOUT
PREJUDICE

Petitioner,

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No. C 13-05005 SBA (PR)

IVAN CLEVELAND,

v.

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STATE OF CALIFORNIA, GOVERNOR
J. BROWN, et al.,

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Respondents.

/

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United States District Court
For the Northern District of California

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On October 28, 2013, Petitioner, a state prisoner, filed the present petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. On the same day the action was filed, the Court

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sent a notification to Petitioner informing him that his action could not go forward until he

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paid the filing fee or filed a completed prisoner's in forma pauperis application. The Clerk of

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the Court sent Petitioner a blank in forma pauperis application and told him that he must pay

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the fee or return the completed application within twenty-eight days or his action would be

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dismissed.

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More than twenty-eight days have passed and Petitioner has not paid the filing fee,
returned the in forma pauperis application or otherwise communicated with the Court.
IT IS HEREBY ORDERED THAT this action is DISMISSED WITHOUT

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PREJUDICE. The Clerk of the Court shall enter judgment, terminate all pending motions as

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moot, and close the file.

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IT IS SO ORDERED.
DATED:

12/17/2013
12/16/2013

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G:\PRO-SE\SBA\HC.13\Cleveland5005.DISIFP.frm

_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge