Fuller v. State of California

Filing 14

ORDER OF DISMISSAL. The Court directed Plaintiff to file the missing documents within thirty days, i.e., by May 15, 2011, to avoid dismissal of the action. The deadline has since passed, and Plaintiff has neither paid the filing fee nor filed the nec essary documents to complete his IFP application. Accordingly, this case is DISMISSED without prejudice for failure to pay the filing fee. The Clerk shall terminate any pending motions and close the file. Signed by Judge Edward J. Davila on 6/6/2011. (ecg, COURT STAFF) (Filed on 6/8/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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KENNETH ADRIAN FULLER,
Petitioner,

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vs.

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STATE OF CALIFORNIA, et al.,
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Respondent.
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No. C 10-05501 EJD (PR)
ORDER OF DISMISSAL

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Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. On April 15, 2011, Petitioner was

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directed to file an In Forma Pauperis Application within thirty days of the order.

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(Docket No. 11.)

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On December 23, 2010, Plaintiff filed an IFP application which was deficient

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because Plaintiff failed to attach a Certificate of Funds in Prisoner’s Account

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completed and signed by an authorized officer at the prison and a copy of his

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prisoner trust account statements showing transactions for the last six months.

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(Docket No. 4.) On April 15, 2011, the Court directed Petitioner to file an In Forma

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Pauperis Application or pay the filing fee within thirty days, i.e., by May 15, 2011,

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to avoid dismissal of the action. (Docket No. 11.)
Order of Dismissal
P:\PRO-SE\SJ.EJD\HC.10\Fuller05501_dism-ifp.wpd

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The deadline has since passed, and Petitioner has neither paid the filing fee

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nor filed the necessary documents to complete his IFP application. Accordingly,

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this case is DISMISSED without prejudice for failure to pay the filing fee.

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The Clerk shall terminate any pending motions and close the file.

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DATED:

June 6, 2011

EDWARD J. DAVILA
United States District Judge

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For the Northern District of California

United States District Court

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Order of Dismissal
P:\PRO-SE\SJ.EJD\HC.10\Fuller05501_dism-ifp.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

KENNETH ADRIAN FULLER,

Case Number: CV10-05501 EJD

Petitioner,

CERTIFICATE OF SERVICE

v.
STATE OF CALIFORNIA,
Respondent.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
6/8/2011
That on
, I SERVED a true and correct copy(ies) of the
attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s)
hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into
an inter-office delivery receptacle located in the Clerk's office.

Kenneth Adrian Fuller G-41065
Folsom State Prison
P.O. Box 950
Folsom, CA 95763
Dated:

6/8/2011
/s/

Richard W. Wieking, Clerk
By: Elizabeth Garcia, Deputy Clerk