Blue v. Valenzuela

Filing 7

ORDER DISMISSING CASE. Signed by Judge Hon. Lucy H. Koh on 9/17/2015. (sms, COURT STAFF) (Filed on 9/21/2015)

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FILED

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SEP 2 12015

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SUSAN Y. SOONG
OI.IPIK U.S. CISTRICT COURT
NORTHERN CISTRICT OF CALIFORNIA

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SAN JOSE

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

On July 21, 2015, petitioner, a state prisoner proceeding prose, filed a federal writ of
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habeas corpus, motion to appoint counsel, and "declaration ofindigency." That same day, the
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court sent a notification to petitioner, informing him that he did not pay the filing fee, and his
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application to proceed in forma pauperis ("IFP") was incomplete. The court provided petitioner
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with a blank IFP application, along with a return envelope, and a notification that the case would
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be dismissed if petitioner failed to pay the fee, or file a completed application with supporting
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documentation within twenty-eight days.

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On August 4, 2015, petitioner sent to the court a letter that stated that the "filing fee is
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going through the process of the trust office." Petitioner has not submitted any evidence
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supporting that statement. To date, no filing fee has been filed, nor has petitioner filed a
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complete IFP application. As more than twenty-eight days have passed since petitioner was

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instructed to do so, this case is DISMISSED without prejudice. The clerk shall terminate all
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pending motions and close the case.
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Order of Dismissal
P:\PRO-SE\LHK\HC.15\Blue369disifp. wpd

LU~O~-~

IT IS SO ORDERED.

2 DATED:

t::t/11/2015'

United States District Judge

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Order of Dismissal
P:\PRO-SE\LHK\HC.l5\Biue369disifp. wpd

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