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Day v. Ives

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


August 26, 2010

MILTON DAY, PETITIONER,
v.
RICHARD B. IVES, RESPONDENT.

ORDER

Petitioner is a state prisoner proceeding pro se with an application for 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 June 17, 2010, the court found that petitioner had failed to either pay the filing fee, as required by 28 U.S.C. § 1914(a) or requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a). The court ordered petitioner to submit an application for leave to proceed in forma pauperis or to submit the filing fee within thirty days. That order warned petitioner that failure to do so could result in dismissal.

The 30-day period has expired and plaintiff has not paid the filing fee, submitted an application to proceed in forma pauperis or otherwise responded to the court's order.

It therefore is ORDERED that this action is dismissed without prejudice.

20100826

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