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Israel v. Evans

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


January 26, 2009

MAX L. ISRAEL, PETITIONER,
v.
MICHAEL EVANS, WARDEN, RESPONDENT.

The opinion of the court was delivered by: Phyllis J. Hamilton United States District Judge

ORDER OF DISMISSAL

This pro se habeas action was filed on December 17, 2008. On that same day the court notified petitioner that his application to proceed in forma pauperis was deficient in that he did not use the court's form, did not provide a "Certificate of Funds in Inmate Account," and the printout of transactions in his inmate account did not cover the six months immediately preceding the date he filed the complaint. A copy of the court's form for applications to proceed in forma pauperis was provided with the notice, along with a return envelope. Petitioner was informed that if he did not either pay the fee or file the application within thirty days the case would be dismissed. More than thirty days have passed and no response has been received. This case is therefore DISMISSED without prejudice. The clerk shall close this file.

IT IS SO ORDERED.

20090126

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