Free Order on Motion for Leave to Proceed in forma pauperis - District Court of California - California


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Date: July 25, 2008
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State: California
Category: District Court of California
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Case 5:08-cv-02888-RMW

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*E-FILED - 7/25/08*

IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DAVID JAMES EGGMAN,
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Petitioner,
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v.
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B. CURRY,
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Respondent.
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) ) ) ) ) ) ) ) ) ) )

No. C 08-2888 RMW (PR) ORDER OF DISMISSAL WITHOUT PREJUDICE; DENYING INCOMPLETE MOTION TO PROCEED IN FORMA PAUPERIS (Docket No. 2)

Petitioner, a state prisoner proceeding pro se, filed the instant habeas corpus petition pursuant to 28 U.S.C. ยง 2254 on June 9, 2008. On that same day, the court sent a notification to petitioner informing him that his in forma pauperis application was incomplete because he failed to include a copy of a certificate of funds signed by an authorized prison officer and a trust account statement showing transactions for the prior six months. The court provided a copy of the correct in forma pauperis application, along with a return envelope, and a notification that the case would be dismissed if petitioner failed to pay the fee or file a completed application with supporting documentation within thirty days. No response has been received from petitioner. As petitioner has not filed a completed in forma pauperis application or paid the filing fee, this case is DISMISSED without prejudice. Petitioner's incomplete in forma
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Case 5:08-cv-02888-RMW

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pauperis motion (docket no. 2) is DENIED. The clerk shall terminate any pending motions and close the file. IT IS SO ORDERED. DATED:

7/25/08
RONALD M. WHYTE United States District Judge

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