Overton v. Warden

Filing 8

ORDER OF DISMISSAL. There being no record of the fee being received, the Court granted Petitioner a final twenty-eight days to resolve the fee matter on August 13, 2014. The deadline has since passed, and Petitioner has failed to respond. Accordingly, this case is DISMISSED without prejudice for failure to pay the filing fee. Signed by Judge Edward J. Davila on 9/23/2014. (ecg, COURT STAFF) (Filed on 9/24/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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MICHAEL L. OVERTON,
Petitioner,

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v.

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WARDEN, et al.,
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Respondents.
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No. C 14-01859 EJD (PR)
ORDER OF DISMISSAL

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On April 23, 2014, Petitioner, a state prisoner proceeding pro se, filed a petition

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for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On April 30, 2014, the Clerk

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sent Petitioner a notice that he had not paid the filing fee or filed an application to

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proceed in forma pauperis (“IFP”). (Docket No. 2.) On May 29, 2014, Petitioner filed

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a “Trust Account Withdrawal Order” for $5.00 to pay for “Fed’l Filing Fees,” with a

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reference to the instant action, (see Docket No. 3), but the Court never received the

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filing fee. The Court granted Petitioner an extension of time to either pay the filing fee

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or file an IFP application. (Docket No. 4.) On July 31, 2014, Petitioner filed another

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“Trust Account Withdrawal Order” for $5.00, “to pay filing fees for case No. C J-12

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2868 on habeas corpus.” (Docket No. 5.) There being no record of the fee being

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received, the Court granted Petitioner a final twenty-eight days to resolve the fee
Order of Dismissal
P:\PRO-SE\EJD\HC.14\01859Overton_dism-ifp.wpd

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matter on August 13, 2014. (Docket No. 6.)
The deadline has since passed, and Petitioner has failed to respond.

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Accordingly, this case is DISMISSED without prejudice for failure to pay the filing

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fee.

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DATED:

9/23/2014

EDWARD J. DAVILA
United States District Judge

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For the Northern District of California

United States District Court

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Order of Dismissal
P:\PRO-SE\EJD\HC.14\01859Overton_dism-ifp.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

MICHAEL L. OVERTON,

Case Number: CV14-01859 EJD

Petitioner,

CERTIFICATE OF SERVICE

v.
WARDEN, et al.,
Respondents.

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
9/24/2014
That on
, 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.

Michael L. Overton C-47370
California Men’s Colony
P. O. Box 8101
San Luis Obispo, CA 93409-8101
Dated:

9/24/2014
/s/

Richard W. Wieking, Clerk
By: Elizabeth Garcia, Deputy Clerk