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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MAEWEATHERS MARSHALL,

Case No. 17-cv-03618-YGR (PR)

Petitioner,
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ORDER OF DISMISSAL WITHOUT
PREJUDICE

v.
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DAVID BAUGHMAN, Warden,
Respondent.

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On June 21, 2017, Petitioner, a state prisoner, filed a document with the Court in the

United States District Court
Northern District of California

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instant case, which was opened as a habeas corpus action. On June 23, 2017, the Clerk of the

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Court sent a notice to Petitioner informing him that his action could not go forward until he filed

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with the Court a habeas corpus petition on the proper form, completed in full, within twenty-eight

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days or his action would be dismissed. The Clerk also sent Petitioner another notice directing him

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to either pay the filing fee or file a completed prisoner’s in forma pauperis (“IFP”) application.

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The Clerk sent Petitioner a blank IFP application and told him that he must pay the fee or return

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the completed application 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 filed his petition on the

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proper form, paid the filing fee, returned a completed IFP application, or otherwise communicated

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with the Court.

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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

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YVONNE GONZALEZ ROGERS
United States District Court Judge