IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 28, 2011
VINCENTE M. AHUMADA, PETITIONER,
PEOPLE OF THE STATE OF CALIFORNIA, RESPONDENT.
Petitioner is a prisoner proceeding 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, 2011, the court found that petitioner had failed to pay the filing fee required by 28 U.S.C. § 1914(a) or a properly request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a). Petitioner was granted thirty days in which to pay the filing fee or file an application to proceed in forma pauperis and was warned that failure to comply would result in a recommendation that this action be dismissed.
The 30-day period has expired and petitioner has not paid the filing fee, filed a completed in forma pauperis application, or otherwise responded to the court's order.
Accordingly, it is hereby ORDERED that this action be dismissed without prejudice.
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