Phillips v. Napa State Hospital

Filing 5

ORDER OF DISMISSAL. Signed by Judge Nathanael Cousins on 6/19/2017. (Attachments: # 1 Certificate/Proof of Service)(lmh, COURT STAFF) (Filed on 6/19/2017)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 DONALD PHILLIPS, Petitioner, 9 Case No. 17-cv-02507 NC (PR) ORDER OF DISMISSAL v. 10 11 United States District Court Northern District of California NAPA STATE HOSPITAL, 12 Respondent. 13 14 On May 2, 2017, Petitioner, a state prisoner proceeding pro se, filed a writ of 15 habeas corpus pursuant to 28 U.S.C. § 2254. 1 The same day, the Clerk sent Petitioner a 16 notification informing him that he did not pay the filing fee, nor had he filed an application 17 to proceed in forma pauperis (“IFP”). Petitioner was cautioned that his failure to either file 18 an IFP application or pay the filing fee within twenty-eight days would result in the 19 dismissal of his action. Dkt. No. 2. To date, Petitioner has not paid his filing fee or filed a 20 completed IFP application. Thus, the instant case is DISMISSED without prejudice. IT IS SO ORDERED. 21 22 23 DATED: June 19, 2017 NATHANAEL M. COUSINS United States Magistrate Judge 24 25 26 1 27 28 Petitioner has consented to magistrate judge jurisdiction. Dkt. No. 4. Case No. 17-cv-02507 NC (PR) ORDER OF DISMISSAL

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