Stoffer

Filing 7

ORDER OF DISMISSAL. 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 10/20/2011. (ecg, COURT STAFF) (Filed on 10/21/2011)

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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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IN RE JOHN STOFFER,
Petitioner.

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No. C 11-03559 EJD (PR)
ORDER OF DISMISSAL

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On July 20, 2011, Petitioner filed a document entitled “writ of habeas corpus

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petition for relief from a/the conviction by person being held wrongfully in state

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custody” which the Clerk construed as an intent to file a petition for a writ of habeas

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corpus under 28 U.S.C. § 2254. This document does not contain any specific

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information regarding the state conviction which Petitioner attempts to challenge,

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e.g., the place of conviction, actual charges, or the date and terms of his sentence.

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The Clerk sent a notice to Petitioner that he must file a petition, using the court’s

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form petition, within thirty days to avoid dismissal of this action. (Docket No. 2.)

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Furthermore, Petitioner did not apply for leave to proceed in forma pauperis

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or pay the filing fee, so on the same day, the Clerk sent Petitioner a separate notice

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that he must either pay the full filing fee or file an in forma pauperis application

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within thirty days or the case would be dismissed. (Docket No. 3.) Along with the

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notice, Petitioner was mailed the Court’s In Forma Pauperis Application,
Order of Dismissal
03559Stoffer_dism-ifp.wpd

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instructions for completing such an application, including a Certificate of Funds

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form to be completed and signed by a prison official, and a return envelope. (Id.)

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The deadline has since passed, and Petitioner has not complied.

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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.

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DATED:

October 20, 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
03559Stoffer_dism-ifp.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

IN RE JOHN STOFFER,

Case Number: CV11-03559 EJD

Petitioner.

CERTIFICATE OF SERVICE

/
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
10/21/2011
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.

John Stoffer G 47172
California Correctional Institute
P. O. Box 608
Tehachapi, CA 93581
Dated:

10/21/2011
Richard W. Wieking, Clerk
/s/By: Elizabeth Garcia, Deputy Clerk