United States District Court, N.D. California
May 19, 2004.
FREDERICK J. STRUCK, Petitioner,
JOHN MARSHALL, warden, Respondent
The opinion of the court was delivered by: THELTON HENDERSON, Senior District Judge
ORDER OF DISMISSAL
Petitioner filed a pro se petition for writ of habeas
corpus on February 25, 2004, at which time the Court notified petitioner
in writing that the action was deficient due to the failure to pay the
filing fee or furnish a completed and signed Court-approved in forma
pauperis application, including a completed certificate of funds in
the prisoner's account and a copy of the prisoner's trust account
statement for the last six months. Petitioner was advised that failure to
pay the fee or file the application within thirty days would result in
dismissal of the action. Petitioner has failed to timely provide the
Court with either the filing fee or a completed in forma
pauperis application. The action is DISMISSED without prejudice for
failure to pay the filing fee or submit a completed in forma
pauperis application. The Clerk shall close the file.
IT IS SO ORDERED. JUDGMENT
The action is dismissed without prejudice for failure to pay the filing
fee or submit a completed in forma pauperis application.
IT IS SO ORDERED AND ADJUDGED.
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