Castaneda v. Cash

Filing 5

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 11/21/2011. (ecg, COURT STAFF) (Filed on 11/23/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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PABLO CASTANEDA,

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Petitioner,
vs.

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For the Northern District of California

United States District Court

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BRENDA CASH, Acting Warden,
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Respondent.
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No. C 11-04630 EJD (PR)
ORDER OF DISMISSAL

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On September 19, 2011, Petitioner, a state prisoner proceeding pro se, filed a

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petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Along with the

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petition, Petitioner filed a motion to proceed in forma pauperis which was deficient

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because he did not attach copy of his prisoner trust account statement showing

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transactions for the last six months. (Docket No. 2.) On the same day, this Court’s

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Clerk sent Petitioner a notice that he must provide the missing document within

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thirty days or the case would be dismissed. (Docket No. 4.) The deadline has since

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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:

November 21, 2011

EDWARD J. DAVILA
United States District Judge

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Order of Dismissal
04630Castaneda_dism-ifp.wpd

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

PABLO CASTANEDA,

Case Number: CV11-04630 EJD

Petitioner,

CERTIFICATE OF SERVICE

v.
BRENDA CASH, Acting 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.
11/23/2011
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.

Pablo Castaneda G-28767
C.S.P. Los Angeles State Prison
P.O. BOX 4610
Lancaster, CA 93539
Dated:

11/23/2011
Richard W. Wieking, Clerk
/s/ By: Elizabeth Garcia, Deputy Clerk