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Tidwell v. State

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


March 18, 2010

JUAN M. TIDWELL, PETITIONER,
v.
STATE OF CALIFORNIA, RESPONDENT.

ORDER

Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1) and is before the undersigned pursuant to petitioner's consent. See 28 U.S.C. § 636; see also E.D. Cal. Local Rules, Appx. A, at (k)(4).

On January 5, 2010, the court directed petitioner to submit either the completed in forma pauperis application required by 28 U.S.C. § 1915(a) or the appropriate filing fee under 28 U.S.C. § 1914(a). On the same day, the court also dismissed the original petition for failure to name the proper respondent. Those orders explained the requirement to satisfy the filing fee and the deficiency in the original petition, and gave petitioner 30 days to file a completed in forma pauperis application or pay the filing fee and 30 days in which to file an amended petition naming the correct respondent. The January 5, 2010 order warned petitioner that failure to timely file an application to proceed in forma pauperis or to pay the filing or the failure to file an amended petition may result in dismissal.

The 30-day period has expired and petitioner has not filed a completed in forma pauperis application, paid the filing fee, filed an amended petition or otherwise responded to the January 5, 2010 orders.

Accordingly, it is hereby ordered that this action is DISMISSED.

20100318

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