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Rosales v. United States

United States District Court, Ninth Circuit, California, N.D. California
Dec 21, 2005
C 05-4673 MMC (PR) (Docket 4) (N.D. Cal. Dec. 21, 2005)

Opinion


ISIDRA ALVARADO ROSALES, Petitioner, v. UNITED STATES OF AMERICA, Respondent. No. C 05-4673 MMC (PR) (Docket No. 4) United States District Court, N.D. California. December 21, 2005

          ORDER OF DISMISSAL

          MAXINE CHESNEY, District Judge.

         Petitioner, a federal prisoner incarcerated at the Federal Correctional Institute, Dublin, California, and proceeding pro se, filed the above-titled action in the Southern District of Florida. It was transferred thereafter to this District, and, on November 15, 2005, the Clerk notified petitioner in writing that the action was deficient due to her failure to pay the filing fee or, alternatively, to submit a signed and completed court-approved in forma pauperis ("IFP") application. Along with said notice, the Court sent to petitioner copies of the Court's IFP application, a stamped return envelope, and instructions for completing the application, including a certificate of funds signed by an authorized prison official and a trust account statement showing transactions for the last six months. Petitioner was advised that failure to pay the filing fee or to file a completed IFP application, including the certificate of funds and trust account statement, within thirty days would result in dismissal of the action. Petitioner has submitted an IFP application, but has not submitted the requisite certificate of funds signed by an authorized prison official or trust account statement.

         As more than thirty days have passed since the deficiency notice and petitioner has not completed the IFP application or paid the filing fee, the above-titled action is hereby DISMISSED without prejudice.

         This order terminates Docket No. 4.

         The Clerk shall close the file.

         IT IS SO ORDERED.


Summaries of

Rosales v. United States

United States District Court, Ninth Circuit, California, N.D. California
Dec 21, 2005
C 05-4673 MMC (PR) (Docket 4) (N.D. Cal. Dec. 21, 2005)
Case details for

Rosales v. United States

Case Details

Full title:ISIDRA ALVARADO ROSALES, Petitioner, v. UNITED STATES OF AMERICA…

Court:United States District Court, Ninth Circuit, California, N.D. California

Date published: Dec 21, 2005

Citations

C 05-4673 MMC (PR) (Docket 4) (N.D. Cal. Dec. 21, 2005)