Maquinales v. Spearman

Filing 5

ORDER OF DISMISSAL. Signed by Judge Nathanael Cousins on 4/25/2017. (Attachments: # 1 Certificate/Proof of Service)(lmh, COURT STAFF) (Filed on 4/25/2017)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
Northern District of California

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RICHARD MAQUINALES,
Petitioner,

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ORDER OF DISMISSAL

v.

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Case No. 17-cv-01403 NC (PR)

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M. E. SPEARMAN,
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Respondent.
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On March 15, 2017, Petitioner, a state prisoner proceeding pro se, filed a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. 1 The same day, the Clerk sent Petitioner a

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notification informing him that he did not pay the filing fee, and the application to proceed

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in forma pauperis (“IFP”) that he filed was incomplete. Specifically, the notification

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informed Petitioner that the IFP application did not include a Certificate of Funds in

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Prisoner’s Account form or a copy of his trust account. Petitioner was cautioned that his

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failure to either submit the required documents or pay the filing fee within twenty-eight

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Petitioner has consented to magistrate judge jurisdiction. Dkt. No. 2.

Case No. 17-cv-01403 NC (PR)
ORDER OF DISMISSAL

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days would result in the dismissal of his action. To date, Petitioner has not paid his filing
fee or filed a completed IFP application.
Thus, the instant case is DISMISSED without prejudice. The Clerk shall enter
judgment.
IT IS SO ORDERED.

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DATED:

April 25, 2017

NATHANAEL M. COUSINS
United States Magistrate Judge

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United States District Court
Northern District of California

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Case No. 17-cv-01403 NC (PR)
ORDER OF DISMISSAL