Hailu Wesley v. Gary Swarthout

Filing 6

ORDER OF DISMISSAL. Signed by Judge Lucy H. Koh on 5/9/14. (Attachments: # 1 Certificate/Proof of Service)(mpb, COURT STAFF) (Filed on 5/12/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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HAILU WESLEY,

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Petitioner,
v.
WARDEN GARY SWARTHOUT,

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Respondent.

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No. C 13-5343 LHK (PR)
ORDER OF DISMISSAL

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On November 18, 2013, petitioner, a state prisoner proceeding pro se, filed a federal writ
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of habeas corpus and a motion for leave to proceed in forma pauperis (“IFP”). On March 24,
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2014, the court denied petitioner’s motion for leave to proceed IFP and directed respondent to
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file a motion to dismiss or a notice that a motion to dismiss was inappropriate. The court
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ordered petitioner to pay the $5.00 filing fee within thirty days or face dismissal of this action.
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To date, petitioner has not paid the filing fee or otherwise communicated with the court. As
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more than thirty days have passed since petitioner was instructed to do so, this case is
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DISMISSED without prejudice. The clerk shall terminate all pending motions and close the
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case.
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IT IS SO ORDERED.
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DATED:

5/9/14
LUCY H. KOH
United States District Judge

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Order of Dismissal
P:\PRO-SE\LHK\HC.13\Wesley343failpay.wpd