Andrews v. Warden

Filing 9

ORDER OF DISMISSAL. Signed by Judge Jon S. Tigar on May 22, 2023. (mll, COURT STAFF) (Filed on 5/22/2023)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)

Case 4:23-cv-01445-JST Document 9 Filed 05/22/23 Page 1 of 1

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RICHARD JOHN ADAMS ANDREWS,
Petitioner,

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United States District Court
Northern District of California

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Case No. 23-cv-01445-JST
ORDER OF DISMISSAL

v.
WARDEN,
Respondent.

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On or about March 23, 2023, Petitioner filed this pro se petition for a writ of habeas

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corpus. ECF No. 1. On March 28, 2023, the Clerk of the Court informed Petitioner that this

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action was deficient because Petitioner had not paid the filing fee or filed an application to proceed

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in forma pauperis, and instructed Petitioner to correct this deficiency by May 5, 2023. ECF No. 4.

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The deadline has passed, and Plaintiff has neither paid the filing fee nor filed an application to

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proceed in forma pauperis, or otherwise communicated with the Court. The Court therefore

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DISMISSES this action without prejudice. Because this dismissal is without prejudice, Plaintiff

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may move to reopen the action. Any such motion must be accompanied by either the filing fee or

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an in forma pauperis application on the proper form with the required supporting documents. The

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Clerk shall enter judgment in favor of Respondent and close the file.

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IT IS SO ORDERED.
Dated: May 22, 2023
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JON S. TIGAR
United States District Judge