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Kelley v. California Dep't of Corrections and Rehabilitation

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


October 4, 2010

ISAAC KELLEY, PETITIONER,
v.
CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, ET AL., RESPONDENTS.

ORDER

Petitioner, a prisoner without counsel, has filed a petition for 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).

To proceed with a civil action a plaintiff must pay the $350 filing fee required by 28 U.S.C. § 1914(a) or request leave to proceed in forma pauperis and submit the affidavit and trust account statement required by 28 U.S.C. § 1915(a).

On August 6, 2010, the court found that petitioner had failed to pay the filing fee required by 28 U.S.C. § 1914(a) and had not properly requested leave to proceed in forma pauperis under 28 U.S.C. § 1915(a). The court ordered petitioner to submit within 21 days either (1) the required filing fee, (2) a proper application to proceed in forma pauperis, or (3) the in forma pauperis affidavit required by 28 U.S.C. § 1915(a)(1) along with documentation, or a declaration, explaining why petitioner could not comply with 28 U.S.C. § 1915(a)(2). The court ordered the Clerk to send petitioner a form in forma pauperis application and warned petitioner that failure to comply with the order would result in dismissal.

More than twenty-one days have passed and petitioner has not submitted the required filing fee, an application to proceed in forma pauperis or otherwise responded to the court's order.*fn1

Accordingly, it is hereby ORDERED that this action is dismissed without prejudice.


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