Burns v. Swarthout

Filing 9

ORDER OF DISMISSAL. The time provided for paying the filing fee has since passed, and Petitioner has not complied. 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 6/21/2012. (ecg, COURT STAFF) (Filed on 6/25/2012)

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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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RICHARD L. BURNS,

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Petitioner,

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vs.

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GARY SWARTHOUT, Warden,
Respondent.

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No. C 11-06301 EJD (PR)
ORDER OF DISMISSAL

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Petitioner, a California inmate, seeks petition in pro se for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. Petitioner filed a motion for leave to proceed

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in forma pauperis (“IFP”). (See Docket No. 3.) Based on the supporting

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documents, the Court denied leave to proceed IFP because Petitioner did not show

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an adequate level of poverty as the average monthly deposit in his account was

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$104.67 and the average monthly balance in his account was $74.17, for the six-

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months preceding the filing of this petition. (See Docket No. 7.) On April 20, 2012,

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the Court directed Petitioner to pay the $5 filing fee within thirty days of the order,

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or face dismissal of this action for failure to pay the filing fee. (See id.) On May 8,

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2012, the Clerk of the Court resent the Order Denying Leave to Proceed In Forma

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Pauperis to Petitioner when the mailing was returned on May 7, 2012, as
Order of Dismissal
G:\PRO-SE\SJ.EJD\HC.11\06301Burns_dism.wpd

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undeliverable based on an addressing error. (See Docket No. 8.) There has since

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been no indication that Petitioner did not receive the second mailing.

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The time provided for paying the filing fee has since passed, and Petitioner

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has not complied. Accordingly, this case is DISMISSED without prejudice for

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failure to pay the filing fee. The Clerk shall terminate any pending motions and

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close the file.

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DATED:

6/21/2012

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
G:\PRO-SE\SJ.EJD\HC.11\06301Burns_dism.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

RICHARD L BURNS,

Case Number: CV11-06301 EJD

Petitioner,

CERTIFICATE OF SERVICE

v.
GARY SWARTHOUT, 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.
6/25/2012
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.

Richard L. Burns AA-7046
California State Prison, Solano
P. O. Box 4000
Vacaville, CA 65696-4000
Dated:

6/25/2012
Richard W. Wieking, Clerk
/s/ By: Elizabeth Garcia, Deputy Clerk