Bennett v. The State of California et al

Filing 6

ORDER OF DISMISSAL. Signed by Judge Lucy H. Koh on 12/28/12. (Attachments: # 1 Certificate/Proof of Service)(mpb, COURT STAFF) (Filed on 1/2/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DAVID BENNETT,
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Petitioner,
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vs.
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JOHN HIROKAWA,
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Respondent.
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____________________________________)

No. C 12-4573 LHK (PR)
ORDER OF DISMISSAL

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On May 16, 2012, Petitioner, a state prisoner proceeding pro se, filed a federal writ of
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habeas corpus, along with a motion for leave to proceed in forma pauperis (“IFP”). On
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November 8, 2012, the Court issued an order of dismissal with leave to amend, denied
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Petitioner’s motion for IFP, and directed Petitioner to file an amended petition and pay the $5.00
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filing fee within thirty days. The Court warned Petitioner that the case would be dismissed if he
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failed to file an amended petition, or pay the fee within thirty days. On November 20, 2012,
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Petitioner filed an amended petition. However, Petitioner did not pay the filing fee. As more
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than thirty days have passed, this case is DISMISSED without prejudice.
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IT IS SO ORDERED.
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DATED:

12/28/12
LUCY H. KOH
United States District Judge

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Order of Dismissal
G:\PRO-SE\SJ.LHK\HC.12\Bennett573disifp.wpd