Hill v. CMC Warden

Filing 3

ORDER DISMISSING CASE WITHOUT PREJUDICE. Signed by Judge Yvonne Gonzalez Rogers on 11/16/2020. (fs, COURT STAFF) (Filed on 11/16/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JOSHUA HILL, Case No. 20-cv-06556-YGR (PR) Petitioner, 8 v. 9 10 JOSIE GASTELO, Warden,1 ORDER OF DISMISSAL WITHOUT PREJUDICE Respondent. United States District Court Northern District of California 11 12 On September 18, 2020, Petitioner, a state prisoner, filed the present petition for a writ of 13 habeas corpus pursuant to 28 U.S.C. § 2254. On the same day the action was filed the Court sent 14 a notification to Petitioner informing him that his action could not go forward until he paid the 15 filing fee or filed a completed prisoner’s in forma pauperis application. The Clerk of the Court 16 sent Petitioner a blank in forma pauperis application and told him that he must pay the fee or 17 return the completed application within twenty-eight days or his action would be dismissed. 18 19 20 21 22 23 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 PREJUDICE. The Clerk shall terminate all pending motions and close the file. IT IS SO ORDERED. Dated: 11/16/2020 24 ______________________________________ YVONNE GONZALEZ ROGERS United States District Judge 25 26 27 28 1 Josie Gastelo, the current warden of the prison where Petitioner is incarcerated, has been substituted as Respondent pursuant to Rule 25(d) of the Federal Rules of Civil Procedure.

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