United States District Court, N.D. California
April 22, 2004.
OFFIE LYDELL McGEE, SR., Petitioner,
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
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.
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