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McCRAY v. CASTRO

United States District Court, N.D. California


January 21, 2004.

MARK EDWARD McCRAY, Petitioner,
v.
R.L. CASTRO, Director, Respondent

The opinion of the court was delivered by: MAXINE CHESNEY, District Judge

ORDER OF DISMISSAL

Petitioner, a California prisoner, filed this pro se petition for a writ of habeas corpus in the Central District of California. The case was transferred to this Court on October 17, 2003. That same date, the Court notified petitioner in writing that the action was deficient due to petitioner's failure to pay the requisite filing fee or, instead, submit a signed and completed court-approved in forma pauperis ("IFP") application. Petitioner was advised that failure to pay the filing fee or to complete the IFP application within thirty days would result in dismissal of this action. The Court has received no response from petitioner. In light of petitioner's failure to comply in a timely manner with the Court's notice to pay the filing fee or complete an IFP application, this action is DISMISSED without prejudice to petitioner's filing a new action in which either he pays the filing fee or completes an IFP application with an updated trust account statement.

All pending motions are TERMINATED, and the Clerk shall close the file.

  IT IS SO ORDERED.

  JUDGMENT IN A CIVIL CASE

  [] Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict.

  [] Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.

  IT IS ORDERED AND ADJUDGED this action is DISMISSED without prejudice to petitioner's filing a new action in which either he pays the filing fee or completes an IFP application with an updated trust account statement.

20040121

© 1992-2004 VersusLaw Inc.



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