IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
October 4, 2010
ISAAC KELLEY, PETITIONER,
CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, ET AL., RESPONDENTS.
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.