Powell v. Swarthout

Filing 8

ORDER OF DISMISSAL. Signed by Judge Ronald M. Whyte on 6/12/13. (jg, COURT STAFF) (Filed on 6/13/2013)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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KEVIN JEROME POWELL,
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Petitioner,
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v.
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G. SWARTHOUT,
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Respondent.
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No. C 13-1703 RMW (PR)
ORDER OF DISMISSAL

On April 16, 2013, petitioner, proceeding pro se, filed a motion to stay in abeyance,

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which commenced this action. The same day, the clerk notified petitioner that he had not paid

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the filing fee, nor had he filed an application to proceed in forma pauperis (“IFP”). The clerk

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also notified petitioner that he failed to submit a petition. Along with the deficiency notices,

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petitioner was provided with a new IFP application and instructions for completing it. Petitioner

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was further cautioned that his failure to either file a completed IFP application or pay the filing

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fee within twenty-eight days would result in the dismissal of this action. In addition, petitioner

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was advised that his failure to file a petition within twenty-eight days would result in the

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dismissal of this action. To date, petitioner has not filed a petition. Thus, the instant action is

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DISMISSED without prejudice. The clerk shall enter judgment and close the file.

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IT IS SO ORDERED.
DATED:
RONALD M. WHYTE
United States District Judge

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Order of Dismissal
G:\PRO-SE\RMW\HC.13\Powell703dispet.wpd

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

KEVIN JEROME POWELL,

Case Number: CV13-01703 RMW

Plaintiff,

CERTIFICATE OF SERVICE

v.
WARDEN G. SWARTHOUT et al,
Defendant.

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on June 13, 2013, 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.

Kevin Jerome Powell G-29126
A4-142
Solano - CSP
PO Box 4000
Vacaville, CA 95696
Dated: June 13, 2013
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk