Warren v. Washington State Department of Corrections

Filing 8

ORDER DISMISSING ACTION WITHOUT PREJUDICE - The court further certifies that an appeal from this decision could not be taken in good faith, and there is no basis upon which to issue a certificate of appealability. 28 U.S.C. 2253(c);Fed. R. App. P. 22(b). File closed. Signed by Judge Salvador Mendoza, Jr. (SK, Case Administrator) **2 PAGES, PRINT ALL** (Melford Warren, Prisoner ID: 39594)

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FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Feb 09, 2018

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SEAN F. MCAVOY, CLERK

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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MELFORD JOHN WARREN, JR.,
NO: 4:17-CV-05156-SMJ

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Petitioner,
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ORDER DISMISSING ACTION
v.

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DONALD HOLBROOK,
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Respondent.
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By Order filed December 28, 2017, the Court instructed Petitioner to either

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pay the $5.00 filing fee to commence this action or submit the documents required

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to proceed in forma paupers. On January 5, 2018, Petitioner presented a letter

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stating “I The Living Soul Beneficiary Reserve All Rights Without Prejudice per

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UCC 1-308 and do not consent To Fraud,” to which he attached his copy of the

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Order regarding the filing fee, ECF No. 6.

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The Court had cautioned Petitioner that his failure to comply with the

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Court’s directive would be construed as his consent to the dismissal of this action.

ORDER DISMISSING ACTION -- 1

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The Court must infer that Petitioner will not be complying with the directive to

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either pay the $5.00 filing fee or submit a completed in forma pauperis form.

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Therefore, IT IS ORDERED this action is DISMISSED without prejudice

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for failure to comply with Rule 3(a), Rules Governing Section 2254 Cases in the

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United States District Courts.

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IT IS SO ORDERED. The Clerk of Court is directed to enter this Order,

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enter judgment, forward a copy to Petitioner at his last known address and close

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the file. The Court further certifies that pursuant to 28 U.S.C. § 1915(a)(3), an

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appeal from this decision could not be taken in good faith, and there is no basis

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upon which to issue a certificate of appealability. 28 U.S.C. § 2253(c); Fed. R.

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App. P. 22(b).

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DATED this 9th day of February 2018.

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__________________________
SALVADOR MENDOZA, JR.
United States District Judge

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ORDER DISMISSING ACTION -- 2