Phillips v. Napa State Hospital

Filing 5

ORDER OF DISMISSAL. Signed by Judge Lucy H. Koh on 3/7/2018. (Attachments: # 1 Certificate/Proof of Service)(iym, COURT STAFF) (Filed on 3/7/2018)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 DONALD PHILLIPS, United States District Court Northern District of California ORDER OF DISMISSAL v. 11 12 Case No. 17-CV-06088 LHK (PR) Petitioner, 10 NAPA STATE HOSPITAL, Respondent. 13 14 15 Petitioner, a state prisoner proceeding pro se, filed a writ of habeas corpus pursuant to 28 16 U.S.C. § 2254. On January 22, 2018, the court denied petitioner’s motion for leave to proceed in 17 forma pauperis and directed him to pay the $5.00 filing fee within twenty-eight days. Dkt. No. 4. 18 The court also dismissed the petition with leave to amend within twenty-eight days, and advised 19 petitioner that the failure to pay the filing fee and file an amended petition would result in the 20 dismissal of his case. To date, petitioner has failed to comply with the court’s order, and has had 21 no further communication with the court. Accordingly, this case is DISMISSED for failure to 22 prosecute pursuant to Federal Rule of Civil Procedure 41(b). 23 24 IT IS SO ORDERED. DATED: 3/7/2018 LUCY H. KOH UNITED STATES DISTRICT JUDGE 25 26 27 28 Case No. 17-CV-06088 LHK (PR) ORDER OF DISMISSAL 1

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