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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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JERRY WAYNE GENTRY,

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Petitioner,
vs.
UNKNOWN,

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Respondent.

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No. C 12-5148 LHK (PR)
ORDER OF DISMISSAL

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On October 3, 2012, Petitioner, a state prisoner proceeding pro se, filed a letter

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requesting forms and indicating that he wished to file a federal writ of habeas corpus. The same

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day, the Clerk notified Petitioner that he had not paid the filing fee, nor had he filed an

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application to proceed in forma pauperis (“IFP”). The Clerk also notified Petitioner that he

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failed to submit a complete petition. Along with the deficiency notices, Petitioner was advised

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that his failure to file a complete petition within thirty days would result in the dismissal of this

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action. On October 29, 2012, Petitioner filed an incomplete IFP application. To date, Petitioner

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has not filed a federal habeas petition. Accordingly, the instant action is DISMISSED without

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prejudice. The Clerk shall terminate all pending motions, enter judgment, and close the file.

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IT IS SO ORDERED.
DATED:

11/15/12
LUCY H. KOH
United States District Judge

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Order of Dismissal
G:\PRO-SE\SJ.LHK\HC.12\Gentry148dispet.wpd