Quiroz v. Busby

Filing 6

ORDER DISMISSING CASE; DISMISSING PENDING MOTIONS. Signed by Judge Jeremy Fogel on 8/10/11. (dlm, COURT STAFF) (Filed on 8/31/2011)

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NOT FOR CITATION
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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MAXIMO QUIROZ,
Petitioner,

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vs.

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TIMOTHY BUSBY, Warden,
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Respondent.
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No. C 11-02799 JF (PR)

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ORDER OF DISMISSAL;
DISMISSING PENDING MOTIONS

(Docket No. 1 & 2)

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On June 8, 2011, Petitioner filed an “application for extension of time” to file a

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“reply brief.” (Docket No. 1.) Along with the application, Petition filed a request for

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appointment of counsel, to which he attached a letter from his attorney advising him of

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his rights to seek collateral review of his state conviction. (Docket No. 2.) From these

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documents, it appeared that Petitioner was seeking to file a petition for a writ of habeas

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corpus to challenge his state conviction pursuant to 28 U.S.C. § 2254. Accordingly, on

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the same day, the Clerk of the Court sent a notification to Petitioner that he had failed to

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attach a petition with his other pleadings, and that he must submit a petition within thirty

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days to avoid dismissal of the action. (Docket No. 4.) Petitioner was also sent a separate

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notice that he must either pay the filing fee or file an In Forma Pauperis (“IFP”)
Order of Dismissal
P:\PRO-SE\SJ.JF\HC.11\02799Quiroz_dism-ifp.wpd

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Application within thirty days to avoid dismissal. (Docket No. 5.)
The deadline has since passed, and Petitioner has failed to file a petition or an IFP

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application. Accordingly, this case is DISMISSED without prejudice for failure to pay

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the filing fee.
The Clerk shall terminate any pending motions (Docket Nos. 1 & 2) and close the

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file.
IT IS SO ORDERED.

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Dated:

8/10/11

JEREMY FOGEL
United States District Judge

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Order of Dismissal
P:\PRO-SE\SJ.JF\HC.11\02799Quiroz_dism-ifp.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

MAXIMO QUIROZ,

Case Number: CV11-02799 JF

Petitioner,

CERTIFICATE OF SERVICE

v.
TIMOTHY BUSBY, Warden,
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.
That on 8/31/11
, 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.

Maximo Quiroz G-18825
Ironwood State Prison
P.O. Box 2199
Bldg. A-3, Bed 106L
Blythe, CA 92226
Dated:

8/31/11
Richard W. Wieking, Clerk