Marshall v. Baughman

Filing 7

ORDER DISMISSING CASE WITHOUT PREJUDICE. Signed by Judge Yvonne Gonzalez Rogers on 8/7/17. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 8/7/2017)

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 MAEWEATHERS MARSHALL, Case No. 17-cv-03618-YGR (PR) Petitioner, 6 ORDER OF DISMISSAL WITHOUT PREJUDICE v. 7 8 DAVID BAUGHMAN, Warden, Respondent. 9 10 On June 21, 2017, Petitioner, a state prisoner, filed a document with the Court in the United States District Court Northern District of California 11 instant case, which was opened as a habeas corpus action. On June 23, 2017, the Clerk of the 12 Court sent a notice to Petitioner informing him that his action could not go forward until he filed 13 with the Court a habeas corpus petition on the proper form, completed in full, within twenty-eight 14 days or his action would be dismissed. The Clerk also sent Petitioner another notice directing him 15 to either pay the filing fee or file a completed prisoner’s in forma pauperis (“IFP”) application. 16 The Clerk sent Petitioner a blank IFP application and told him that he must pay the fee or return 17 the completed application within twenty-eight days or his action would be dismissed. 18 More than twenty-eight days have passed, and Petitioner has not filed his petition on the 19 proper form, paid the filing fee, returned a completed IFP application, or otherwise communicated 20 with the Court. 21 22 23 24 25 26 27 28 IT IS HEREBY ORDERED THAT this action is DISMISSED WITHOUT PREJUDICE. The Clerk shall terminate all pending motions and close the file. IT IS SO ORDERED. Dated: August 7, 2017 _____________________________________ YVONNE GONZALEZ ROGERS United States District Court Judge

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