Bennett

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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TOSSIE BENNETT,

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Petitioner,
v.
UNKNOWN,
Respondent.

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No. C 14-1320 LHK (PR)
ORDER OF DISMISSAL

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On March 21, 2014, petitioner, a state prisoner proceeding pro se, filed a letter, which
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initiated this action. That same day, the court sent a notification to petitioner, informing him that
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he did not pay the filing fee, nor did he file a completed application to proceed in forma pauperis
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(“IFP”). Moreover, the court informed petitioner that he was required to file a federal petition
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for writ of habeas corpus within twenty-eight days. The court provided petitioner with a blank
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IFP application, along with a return envelope, and a notification that the case would be dismissed
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if petitioner failed to pay the fee, or file a completed application with supporting documentation
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within twenty-eight days.
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On March 28, 2014, petitioner filed another letter, in which he requested legal
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information and stated that he was unable to meet the filing deadline because the California
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Innocence Project had his legal materials. On April 16, 2014, the court responded to petitioner,
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and informed him that the court could not dispense legal advice. The court further informed
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Order of Dismissal
P:\PRO-SE\LHK\HC.14\Bennett320disifppet.wpd

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petitioner that his filing fee or application for leave to proceed IFP and petition for writ of habeas

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corpus were both due on April 28, 2014.

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To date, petitioner has not filed a federal petition for writ of habeas corpus, nor has he

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filed a completed application for leave to proceed IFP or paid the filing fee. As more than

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twenty-eight days have passed, this case is DISMISSED without prejudice. The clerk shall

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terminate all pending motions and close the case.

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IT IS SO ORDERED.
DATED:

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

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Order of Dismissal
P:\PRO-SE\LHK\HC.14\Bennett320disifppet.wpd

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