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McGEE v. MARSHALL

United States District Court, N.D. California


April 22, 2004.

OFFIE LYDELL McGEE, SR., Petitioner,
v.
JOHN MARSHALL, Warden, 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 on February 9, 2004. On that same day, 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. The Court sent to petitioner along with this notice copies of the Court's IFF application, instructions for completing the application, and a stamped return envelope. 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. Petitioner returned the IFP application, but it is not complete. Specifically, the certificate of funds form was not completed by an authorized officer of his institution, and the requisite trust account statements were not included. As petitioner has not completed the IFP application or paid the filing fee in a timely manner, this action is DISMISSED without prejudice to petitioner's filing a new action in which he either pays the filing fee or completes an IFP application.

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

  IT IS SO ORDERED

  JUDGEMENT 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 DISMISSED without prejudice to petitioner's filing a new action which he either pays the filing fee or completes an IFP application.

20040422

© 1992-2004 VersusLaw Inc.



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