Gentry v. Unknown

Filing 6

ORDER OF DISMISSAL. Signed by Judge Lucy H. Koh on 11/15/12. (Attachments: # 1 Certificate/Proof of Service)(mpb, COURT STAFF) (Filed on 11/15/2012)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 JERRY WAYNE GENTRY, 12 13 14 Petitioner, vs. UNKNOWN, 15 Respondent. ) ) ) ) ) ) ) ) ) ) No. C 12-5148 LHK (PR) ORDER OF DISMISSAL 16 17 On October 3, 2012, Petitioner, a state prisoner proceeding pro se, filed a letter 18 requesting forms and indicating that he wished to file a federal writ of habeas corpus. The same 19 day, the Clerk notified Petitioner that he had not paid the filing fee, nor had he filed an 20 application to proceed in forma pauperis (“IFP”). The Clerk also notified Petitioner that he 21 failed to submit a complete petition. Along with the deficiency notices, Petitioner was advised 22 that his failure to file a complete petition within thirty days would result in the dismissal of this 23 action. On October 29, 2012, Petitioner filed an incomplete IFP application. To date, Petitioner 24 has not filed a federal habeas petition. Accordingly, the instant action is DISMISSED without 25 prejudice. The Clerk shall terminate all pending motions, enter judgment, and close the file. 26 27 IT IS SO ORDERED. DATED: 11/15/12 LUCY H. KOH United States District Judge 28 Order of Dismissal G:\PRO-SE\SJ.LHK\HC.12\Gentry148dispet.wpd

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