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HARRIS v. YATES

United States District Court, N.D. California


May 3, 2004.

ARTHUR LEE HARRIS, Petitioner,
v.
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 application.

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 rendered.

  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.

20040503

© 1992-2004 VersusLaw Inc.



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