Valadez v. Frauenheim

Filing 6

ORDER OF DISMISSAL. Signed by Judge Lucy H. Koh on 10/26/2017. (Attachments: # 1 Certificate/Proof of Service)(iym, COURT STAFF) (Filed on 10/26/2017)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 MICHAEL MAX VALADEZ, United States District Court Northern District of California 11 Case No. 17-CV-05318 LHK (PR) Petitioner, 12 ORDER OF DISMISSAL v. 13 SCOTT FRAUENHEIM, 14 Respondent. 15 16 17 On September 13, 2017, petitioner, proceeding pro se, filed a petition for writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. 1 That same day, the court sent a notification to petitioner, 19 informing him that he did not pay the filing fee, nor did he file a complete application to proceed 20 in forma pauperis (“IFP”). The court provided petitioner with a blank IFP application, along with 21 a return envelope, and a notification that the case would be dismissed if petitioner failed to pay the 22 fee, or file a completed application with supporting documentation within twenty-eight days. 23 More than twenty-eight days have passed and petitioner has not filed a filing fee, nor has he filed a 24 completed application to proceed IFP. 25 26 1 27 Case No. 17-CV-05318 LHK (PR) ORDER OF DISMISSAL 28 This case was reassigned to this court on October 19, 2017. 1 2 3 Thus, the instant action is DISMISSED without prejudice. The clerk shall enter judgment and close the file. IT IS SO ORDERED. 4 DATED: 5 10/26/2017 LUCY H. KOH UNITED STATES DISTRICT JUDGE 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-05318 LHK (PR) ORDER OF DISMISSAL

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