Opinion
No. C 11-03919 EJD (PR)
10-13-2011
JAMES D. CHAVEZ, Petitioner, v. WARDEN, Respondent.
ORDER OF DISMISSAL
Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner did not apply for leave to proceed in forma pauperis or pay the filing fee, so on August 10, 2011, this Court's Clerk sent Petitioner a notice that he must either pay the full filing fee or file an in forma pauperis application within thirty days or the case would be dismissed. (Docket No. 2.) Along with the notice, Petitioner was mailed the Court's In Forma Pauperis Application, instructions for completing such an application, including a Certificate of Funds form to be completed and signed by a prison official, and a return envelope. (Id.) The deadline has since passed, and Petitioner has not complied.
Accordingly, this case is DISMISSED without prejudice for failure to pay the filing fee. The Clerk shall terminate any pending motions and close the file.
EDWARD J. DAVILA
United States District Judge
JAMES D. CHAVEZ, Petitioner,
v.
WARDEN, Respondent.
Case Number: CV11-03919 EJD
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on 10/14/2011 , I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.
James D. Chavez T-27420
Pelican Bay State Prison
P. O. Box 7500
Crescent City, CA
Richard W. Wieking, Clerk
By: Elizabeth Garcia, Deputy Clerk