Opinion
No. CIV S-10-2184 EFB P.
January 4, 2011
ORDER
Petitioner, a prisoner without counsel, has filed a petition for a writ of habeas corpus. See 28 U.S.C. § 2254. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1) and is before the undersigned pursuant to petitioner's consent. See 28 U.S.C. § 636; see also E.D. Cal. Local Rules, Appx. A, at (k)(4).
On August 31, 2010 and again on October 19, 2010, the court found that petitioner has neither paid the filing fee required by 28 U.S.C. § 1914 or an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Accordingly, the court ordered petitioner to pay the requisite filing fee or a completed in forma pauperis application within 30 days. The order admonished petitioner that failure to file the required application or pay the filing fee would result in this action being dismissed.
The 30-day period has expired and petitioner has not paid the filing fee, filed a completed in forma pauperis affidavit or otherwise responded to the court's order.
Accordingly, this action is dismissed without prejudice.
Dated: January 4, 2011.