Do v. Cates

Filing 6

ORDER OF DISMISSAL. Signed by Judge Lucy H. Koh on 6/23/14. (Attachments: # 1 Certificate/Proof of Service)(mpb, COURT STAFF) (Filed on 6/23/2014)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 HUNG N. DO, 11 12 13 Petitioner, v. WARDEN M. CATES, 14 Respondent. ) ) ) ) ) ) ) ) ) ) No. C 14-2160 LHK (PR) ORDER OF DISMISSAL 15 On May 12, 2014, petitioner, a state prisoner proceeding pro se, filed a federal writ of 16 habeas corpus, motion for evidentiary hearing, motion to appoint counsel, and motion for leave 17 to proceed in forma pauperis (“IFP”). That same day, the court sent a notification to petitioner, 18 informing him that he did not pay the filing fee, and his application to proceed IFP was 19 incomplete. The court provided petitioner with a blank IFP application, along with a return 20 envelope, and a notification that the case would be dismissed if petitioner failed to pay the fee, or 21 file a completed application with supporting documentation within twenty-eight days. To date, 22 petitioner has not paid the filing fee or filed a complete IFP application. As more than twenty23 eight days have passed since petitioner was instructed to do so, this case is DISMISSED without 24 prejudice. The clerk shall terminate all pending motions and close the case. 25 IT IS SO ORDERED. 26 DATED: 6/23/14 27 LUCY H. KOH United States District Judge 28 Order of Dismissal P:\PRO-SE\LHK\HC.14\Do160disifp.wpd

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