Opinion
23-cv-06635-RS (PR)
04-15-2024
ORDER OF DISMISSAL
RICHARD SEEBORG, CHIEF UNITED STATES DISTRICT JUDGE
Petitioner has not complied with the Clerk's Notice to either pay the $5.00 filing fee or file the correct documentation to proceed in forma pauperis (IFP). Accordingly, this federal habeas action is DISMISSED (without prejudice) for failure to prosecute and for failure to comply with the Clerk's Notice, see Federal Rule of Civil Procedure 41(b). The Court notes the petition is blank apart from petitioner's name and signature.
Because this dismissal is without prejudice, petitioner may move to reopen the action. Any such motion must (i) have the words MOTION TO REOPEN written on the first page, (ii) be accompanied by full payment for the $5.00 filing fee or a complete IFP application, which includes the application form itself, a Certificate of Funds signed by an authorized prison officer, and a prison trust account statement showing transactions for the last six months; and (iii) an amended petition that provides all the information the petition form requires. The Clerk shall enter judgment in favor of respondent, and close the file.
IT IS SO ORDERED.