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Dominguez v. Schwarzenegger

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


January 30, 2009

FRANCISCO DOMINGUEZ, PETITIONER,
v.
ARNOLD SCHWARZENEGGER, RESPONDENT.

The opinion of the court was delivered by: Ronald M. Whyte United States District Judge

ORDER OF DISMISSAL WITHOUT PREJUDICE

Petitioner, a state prisoner proceeding pro se, filed the instant habeas corpus petition pursuant to 28 U.S.C. § 2254 on December 8, 2008. On that same day, the court sent a notification to petitioner informing him that he failed to pay the filing fee and, alternatively, failed to file an application to proceed in forma pauperis. The court provided a copy of the correct in forma pauperis application, along with a return envelope, and a notification that the case would be dismissed if petitioner failed to pay the fee or file a completed application with supporting documentation within thirty days. No response has been received from petitioner. As petitioner has not filed a completed in forma pauperis application or paid the filing fee, this case is DISMISSED without prejudice. The clerk shall terminate any pending motions and close the file.

IT IS SO ORDERED.

20090130

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