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Simmons v. Maguire Correctional Facility of San Mateo County

United States District Court, N.D. California

January 15, 2014

ROBERT JOSEPH SIMMONS, Petitioner,
v.
MAGUIRE CORRECTIONAL FACILITY OF SAN MATEO COUNTY, et al. Respondent(s)

ORDER OF DISMISSAL

EDWARD J. DAVILA, District Judge.

On November 20, 2013, Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. ยง 2254. (Docket No. 1.) In addition, Petitioner filed an incomplete motion for leave to proceed in forma pauperis. ("IFP"). (Docket No. 2.) On the same day, the Clerk of the Court notified Petitioner that he had failed to pay the filing fee or file a complete IFP Application and that he needed to do so within twenty-eight days or his case would be dismissed. (Docket No. 3.) The deadline has since passed, and Petitioner has failed to respond. Accordingly, this case is DISMISSED without prejudice for failure to pay the filing fee.


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