Chiprez v. Muniz

Filing 10

ORDER OF DISMISSAL. Signed by Judge Lucy H. Koh on 10/12/2017. (Attachments: # 1 Certificate/Proof of Service)(iym, COURT STAFF) (Filed on 10/12/2017)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 FROYLAN CHIPREZ, United States District Court Northern District of California 11 12 Case No. 17-CV-04829 LHK (PR) Petitioner, ORDER OF DISMISSAL v. 13 14 M.L. MUNIZ, Respondent. 15 16 On August 18, 2017, petitioner, proceeding pro se, initiated this proceeding by filing a 17 motion for an extension of time to file a federal petition for writ of habeas corpus pursuant to 28 18 U.S.C. § 2254. That same day, the court sent a notification to petitioner, informing him that he 19 did not pay the filing fee, nor did he file a complete application to proceed in forma pauperis 20 (“IFP”). The court provided petitioner with a blank IFP application, along with a return envelope, 21 and a notification that the case would be dismissed if petitioner failed to pay the fee, or file a 22 completed application with supporting documentation within twenty-eight days. More than 23 twenty-eight days have passed and petitioner has not paid the filing fee, nor has he filed a 24 completed application to proceed IFP. 25 Thus, the instant action is DISMISSED without prejudice. The clerk shall terminate all 26 27 28 Case No. 17-CV-04829 LHK (PR) ORDER OF DISMISSAL 1 1 2 pending motions, enter judgment, and close the file. IT IS SO ORDERED. 3 DATED: 10/12/2017 4 LUCY H. KOH UNITED STATES DISTRICT JUDGE 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 17-CV-04829 LHK (PR) ORDER OF DISMISSAL 2

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