Woods v. Hill

Filing 6

ORDER OF DISMISSAL. Signed by Judge Lucy H. Koh on 12/20/11. (Attachments: # 1 certificate of mailing)(mpb, COURT STAFF) (Filed on 12/21/2011)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ANTONIO WOODS,
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Petitioner,
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v.
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WARDEN RICK HILL,
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Respondent.
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No. C 11-4532 LHK (PR)
ORDER OF DISMISSAL

On September 12, 2011, Petitioner, a state prisoner proceeding pro se, filed a federal

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petition for writ of habeas corpus. The same day, the Clerk notified Petitioner that he had not

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paid the filing fee, nor had he filed an application to proceed in forma pauperis (“IFP”). Along

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with the deficiency notice, Petitioner was provided with a new IFP application, and instructions

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for completing it. Petitioner was cautioned that his failure to either file a completed IFP

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application or pay the filing fee within thirty days would result in the dismissal of this action.

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On October 4, 2011, Petitioner filed an application to proceed IFP, however, it was

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incomplete. On October 31, 2011, the Clerk sent a second notice of deficiency. The Clerk

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notified Petitioner that his application was incomplete because he failed to submit a Certificate

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of Funds and/or a copy of his prisoner trust account statement showing the transactions for the

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previous six months. Petitioner was cautioned that his failure to comply with this second notice

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would result in the dismissal of his case.

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On November 30, 2011, Petitioner filed another motion for leave to proceed IFP.

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However, his application to proceed IFP remains incomplete because he again failed to submit a

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Certificate of Funds and/or a copy of his prisoner trust account statement showing the
Order of Dismissal
P:\pro-se\sj.lhk\hc.11\Woods532disifp

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transactions for the previous six months. Accordingly, the instant action is DISMISSED without

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prejudice to Petitioner filing a new action in which he either pays the filing fee or files a

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completed IFP application. The Clerk shall enter judgment and close the file.

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IT IS SO ORDERED.
DATED:

12/20/11
LUCY H. KOH
United States District Judge

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Order of Dismissal
P:\pro-se\sj.lhk\hc.11\Woods532disifp

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