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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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HUNG N. DO,

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Petitioner,
v.
WARDEN M. CATES,

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Respondent.

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No. C 14-2160 LHK (PR)
ORDER OF DISMISSAL

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On May 12, 2014, petitioner, a state prisoner proceeding pro se, filed a federal writ of
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habeas corpus, motion for evidentiary hearing, motion to appoint counsel, and motion for leave
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to proceed in forma pauperis (“IFP”). That same day, the court sent a notification to petitioner,
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informing him that he did not pay the filing fee, and his application to proceed IFP was
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incomplete. The court provided petitioner with a blank IFP application, along with a return
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envelope, and a notification that the case would be dismissed if petitioner failed to pay the fee, or
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file a completed application with supporting documentation within twenty-eight days. To date,
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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
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prejudice. The clerk shall terminate all pending motions and close the case.
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IT IS SO ORDERED.
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DATED:

6/23/14

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LUCY H. KOH
United States District Judge

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Order of Dismissal
P:\PRO-SE\LHK\HC.14\Do160disifp.wpd