Webb v. Adams

Filing 7

ORDER DISMISSING CASE. Signed by Judge Jeremy Fogel on 6/13/11. (dlm, COURT STAFF) (Filed on 7/7/2011)

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1 2 3 4 5 6 7 8 NOT FOR CITATION 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 OSCAR ODELL WEBB, JR., 12 Petitioner, 13 vs. 14 15 16 DERRAL G. ADAMS, Warden, Respondent. No. C 11-00691 JF (PR) ) ) ) ) ) ) ) ) ) ) ) ORDER OF DISMISSAL 17 18 On February 15, 2011, Petitioner filed this pro se petition for a writ of habeas 19 corpus pursuant to 28 U.S.C. § 2254. On that same day, the Clerk of the Court sent a 20 notification to Petitioner that his application was deficient because Petitioner failed to 21 attach the following: 1) Certificate of Funds in Prisoner’s Account completed and signed 22 by an authorized officer of the institution; and 2) Petitioner’s prisoner trust account 23 statement showing transactions for the last six months. The notification included the 24 warning that the case would be dismissed if Petitioner failed to respond within thirty 25 days. On May 2, 2011, the Court granted an extension of thirty days for Petitioner to file 26 the necessary documents to complete his In Forma Pauperis Application, such that the 27 documents were due no later than June 1, 2011. (Docket No. 6.) 28 The deadline has since passed, and Petitioner has failed to file the missing Order of Dismissal P:\PRO-SE\SJ.JF\HC.11\00691Webb_dism-ifp.wpd 1 1 documents to complete his In Forma Pauperis Application or pay the filing fee. Accordingly, this case is DISMISSED without prejudice for failure to pay the 2 3 filing fee. The Clerk shall terminate any pending motions and close the file. IT IS SO ORDERED. 4 5 Dated: 6/13/11 JEREMY FOGEL United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order of Dismissal P:\PRO-SE\SJ.JF\HC.11\00691Webb_dism-ifp.wpd 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OSCAR ODELL WEBB, JR., Case Number: CV11-00691 JF Petitioner, CERTIFICATE OF SERVICE v. D. G. ADAMS, Warden, Respondent. / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on 7/7/11 , 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. Oscar Odell Webb G-11571 Pelican Bay State Prison P.O. Box 7500 A7-119 Crescent City, CA 95531 Dated: 7/7/11 Richard W. Wieking, Clerk

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