Overton v. Atascadero State Hospital

Filing 10

ORDER OF DISMISSAL. Deadline to pay the filing fee or file a motion for leave to proceed in forma pauperis has passed, and Petitioner has failed to respond. The action is DISMISSED without prejudice. Signed by Judge Edward J. Davila on 1/18/2017. (Attachments: # 1 Certificate/Proof of Service)(amkS, COURT STAFF) (Filed on 1/18/2017)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 MICHAEL LOUIS OVERTON, United States District Court Northern District of California 11 Petitioner, 12 Case No. 16-07009 EJD (PR) ORDER OF DISMISAL v. 13 ATASCADERO STATE HOSPITAL, 14 Respondent. 15 16 17 Petitioner, a California prisoner, filed a pro se petition for a writ of habeas corpus 18 pursuant to 28 U.S.C. § 2254.1 On December 7, 2016, the Clerk notified Petitioner that he 19 needed to either pay the filing fee or file a motion for leave to proceed in forma pauperis 20 (“IFP”) within twenty-eight days from the date of the notice to avoid dismissal. (Docket 21 No. 9.) The deadline has passed, and Petitioner has failed to respond. Accordingly, the 22 action is DISMISSED without prejudice. 23 24 IT IS SO ORDERED. 1/18/2017 Dated: _____________________ 25 ________________________ EDWARD J. DAVILA United States District Judge 26 27 1 The matter was transferred in from the Central District on December 9, 2016. (Docket No. 8.) 28 Order of Dismissal P:\PRO-SE\EJD\HC.16\07009Overton_dism-fee.docx

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