Free Order - District Court of California - California

Case 4:07-cv-04831-CW

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Filed 01/18/2008

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1 2 IN THE UNITED STATES DISTRICT COURT 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Petitioner, a state prisoner, filed the present petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner v. NICK DAWSON, Warden, Respondent. / DOUGLAS OBUJEN, Petitioner, No. C 07-04831 CW (PR) ORDER OF DISMISSAL WITHOUT PREJUDICE FOR THE NORTHERN DISTRICT OF CALIFORNIA

submitted an in forma pauperis application using the form from the Eastern District, where his petition was originally filed. However, he did not file copies of his certificate of funds and prisoner trust account statement. On September 20, 2007, this On that same date, the Clerk

action was transferred to this Court.

of the Court notified Petitioner that his in forma pauperis application was deficient due to his failure to use the correct form and to include a signed certificate of funds as well as a prison trust account statement for the previous six months. The

Clerk sent Petitioner a blank in forma pauperis application and told him that he must pay the fee or return the completed application within thirty days or his action would be dismissed. In an Order dated December 12, 2007, the Court informed Petitioner that his action could not go forward until he paid the filing fee or filed a completed prisoner's in forma pauperis application using the correct form. The Court ordered the Clerk of

Case 4:07-cv-04831-CW

Document 4

Filed 01/18/2008

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

the Court to send Petitioner another blank in forma pauperis application. The Court informed Petitioner that he must pay the

fee or return the completed application within thirty days of the date of that Order or his action would be dismissed. More than

thirty days have passed and Petitioner has not paid the filing fee, returned the in forma pauperis application or otherwise communicated with the Court. Accordingly, this action is DISMISSED WITHOUT PREJUDICE. Petitioner's in forma pauperis application is DENIED as incomplete. The Clerk shall enter judgment in accordance with this Order and close the file. IT IS SO ORDERED. Dated: 1/18/08 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

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Case 4:07-cv-04831-CW

Document 4

Filed 01/18/2008

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1 2 3 DOUGLAS OBUJEN, 4 Plaintiff, 5 v. 6

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV07-04831 CW CERTIFICATE OF SERVICE AVENAL STATE PRISON et al,

7 Defendant. 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Douglas Obujen V-07310 Avenal State Prison P.O. Box 9 Avenal, CA 93204 Dated: January 18, 2008 Richard W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk /

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 January 18, 2008, 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.

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