United States District Court, N.D. California
May 3, 2004.
ARTHUR LEE HARRIS, Petitioner,
JAMES YATES, 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 March 8, 2004. On 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 ("IFF")
application. Along with the notice, the Court sent to petitioner 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 IFF application within
thirty days would result in dismissal of this action. Petitioner returned
the IFF application, but it is not complete. Specifically, the
certificate of funds form was not completed by an authorized officer of
the institution in which he is incarcerated. As petitioner has not
completed the IFF 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 IFF
The Clerk shall close the file and terminate any pending motions.
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.
[X] 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
IT IS ORDERED AND ADJUDGED 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.
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