Brooks v. Cate

Filing 6

ORDER OF DISMISSAL. Signed by Judge Lucy H. Koh on 7/15/13. (Attachments: # 1 Certificate/Proof of Service)(mpb, COURT STAFF) (Filed on 7/16/2013)

1
2
3
4
5
6
7
8
9

IN THE UNITED STATES DISTRICT COURT

10

FOR THE NORTHERN DISTRICT OF CALIFORNIA

11
12

BRUCE BROOKS,

13
14
15
16

Petitioner,
v.
CONNIE GIPSON,
Respondent.

)
)
)
)
)
)
)
)
)
)

No. C 13-1352 LHK (PR)
ORDER OF DISMISSAL

17
On March 26, 2013, Petitioner, a state prisoner proceeding pro se, filed a federal writ of
18
habeas corpus. That same day, the Court sent a notification to Petitioner, informing him that he
19
did not pay the filing fee, nor did he file a completed application to proceed in forma pauperis
20
(“IFP”). The Court provided Petitioner with a blank IFP application, along with a return
21
envelope, and a notification that the case would be dismissed if Petitioner failed to pay the fee,
22
or file a completed application with supporting documentation within thirty days. On May 8,
23
2013, Petitioner filed a motion for leave to proceed IFP. On May 29, 2013, the Court denied
24
Petitioner’s motion for leave to proceed IFP and issued an order to Respondent to show cause
25
why the petition should not be granted. In the order, the Court directed Petitioner to pay the
26
$5.00 filing fee within thirty days, or face dismissal.
27
To date, Petitioner has not paid the filing fee. As more than thirty days have passed since
28
Order of Dismissal
G:\PRO-SE\LHK\HC.13\Brooks352disifp.wpd

1

Petitioner was instructed to do so, this case is DISMISSED without prejudice. The Clerk shall

2

terminate all pending motions.

3
4

IT IS SO ORDERED.
DATED:

7/15/13
LUCY H. KOH
United States District Judge

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Order of Dismissal
G:\PRO-SE\LHK\HC.13\Brooks352disifp.wpd

2