Opinion
23-cv-04669-TLT
12-13-2023
GERROD HERNDON, Petitioner, v. SAN RAFAEL P. D., et al., Respondents.
ORDER OF DISMISSAL; DENYING CERTIFICATE OF APPEALABILITY
TRINA L. THOMPSON UNITED STATES DISTRICT JUDGE
Petitioner, a former state prisoner currently at All Saints Extended Care, an assisted living facility in San Rafael, California, filed a petition for writ of habeas corpus. ECF 1. That same day, the Clerk of the Court informed petitioner that this action was deficient because he had not submitted a non-prisoner in forma pauperis (IFP) application or paid the filing fee. ECF 2. The Court informed petitioner that he needed to correct the deficiencies within twenty-eight days from the date of the notice to avoid dismissal of this petition. Id. The deadline has passed, and petitioner has not submitted the required documents or paid the $5 filing fee. Petitioner submitted a trust account statement but not the IFP form. ECF 3.
The Court therefore DISMISSES this petition without prejudice. Petitioner has failed to make a substantial showing that a reasonable jurist would find this court's dismissal of the petition debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 (2000). Consequently, no certificate of appealability is warranted in this case. The clerk shall enter judgment and close the file.
IT IS SO ORDERED.