Gonzales v. Leotti

Filing 7

ORDER OF DISMISSAL. Signed by Judge Ronald M. Whyte on 10/24/11. (jg, COURT STAFF) (Filed on 10/24/2011)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ARTEMIO GONZALES,
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Petitioner,
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vs.
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GEORGE LEOTTI, Warden,
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Respondent.
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No. C 11-3235 RMW (PR)
ORDER OF DISMISSAL

On June 27, 2011, petitioner filed this pro se federal habeas action. On July 29, 2011, the

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court sent a notification to petitioner informing him that he had neither paid the filing fee nor

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submitted a completed application for leave to proceed in forma pauperis. The court provided a

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copy of the correct in forma pauperis application, along with a return envelope, and a

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notification that the case would be dismissed if petitioner failed to pay the fee or file the

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completed application within thirty days.

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On August 17, 2011, the court’s notice was returned by mail as “undeliverable.”

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According to the court’s docket, petitioner has not filed the appropriate in forma pauperis

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application nor paid the filing fee. In addition, more than 60 days have passed since the court’s

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mail was returned as undeliverable, and petitioner has not communicated with the court to

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update his address.

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Accordingly, this case is DISMISSED without prejudice for failure to pay the filing fee,
Order of Dismissal
P:\pro-se\sj.rmw\hc.11\Gonzales235dis311

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and also for failure to notify the court of his address change, pursuant to Local Rule 3-11(b).

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The clerk shall close the file.

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IT IS SO ORDERED.

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DATED:
RONALD M. WHYTE
United States District Judge

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Order of Dismissal
P:\pro-se\sj.rmw\hc.11\Gonzales235dis311

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

GONZALES et al,

Case Number: CV11-03235 RMW

Plaintiff,

CERTIFICATE OF SERVICE

v.
LEOTTI et al,
Defendant.

/

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 October 24, 2011, 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.

Artemio Gonzales F37380
Richard Donovan Prison
480 Alta Road
F3-11-132
San Diego, CA 92179
Dated: October 24, 2011
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk