McCoy v. Curry et al

Filing 3

ORDER OF DISMISSAL Without Prejudice. Signed by Judge Ronald M. Whyte on 12/5/08. (jg, COURT STAFF) (Filed on 12/9/2008)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA *E-FILED - 12/9/08* THOMAS MCCOY, Petitioner, v. WARDEN B. CURRY, Respondent. ) ) ) ) ) ) ) ) ) ) No. C 08-4687 RMW (PR) ORDER OF DISMISSAL WITHOUT PREJUDICE Petitioner, a state prisoner proceeding pro se, filed the instant habeas corpus petition pursuant to 28 U.S.C. 2254 on October 9, 2008. That same day, the court sent a notification to petitioner informing him that he failed to pay the filing fee and, alternatively, failed to file an application to proceed in forma pauperis. The court provided a copy of the correct in forma pauperis application, along with a return envelope, and a notification that the case would be dismissed if petitioner failed to pay the fee or file a completed application with supporting documentation within thirty days. No response has been received from petitioner. As petitioner has not filed a completed in forma pauperis application or paid the filing fee, this case is DISMISSED without prejudice. The clerk shall terminate any pending motions and close the file. /// Order of Dismissal P:\PRO-SE\SJ.Rmw\HC.08\McCoy687disifp.wpd 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. DATED: 12/5/08 RONALD M. WHYTE United States District Judge Order of Dismissal P:\PRO-SE\SJ.Rmw\HC.08\McCoy687disifp.wpd 2

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