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Case3:13-cv-02851-TEH Document3 Filed07/31/13 Page1 of 2

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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

AUGUSTINE RIVERA,

Petitioner,

v.

No. C-13-2851 TEH (PR)
ORDER OF DISMISSAL

R. GROUNDS, Warden, et al.,
Respondents.

/

Petitioner Augustine Rivera, an inmate at the California

Correctional Training Facility, filed a petition for a writ of
habeas corpus on June 20, 2013. Doc. #1. On the same day, the
Clerk notified Petitioner that he had not filed an application to
proceed in forma pauperis (IFP) with his petition and that he must
pay the $5.00 filing fee or complete and sign the Court’s IFP
application with a Certificate of Funds in Prisoner’s Account form.
Doc. #2. The Clerk enclosed both forms and a return envelope with
the notice. Doc. #2. The Clerk’s notice included a warning
indicating that, if Petitioner did not respond within twenty-eight
(28) days from the filing date stamped on the notice, his action

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Case3:13-cv-02851-TEH Document3 Filed07/31/13 Page2 of 2

would be dismissed, the file closed and the entire filing fee will
become due immediately.

The deadline to file the IFP application or pay the $5,00

fee has passed and Petitioner has not filed the application, paid
the fee or communicated with the Court in any manner. The action,
therefore, is DISMISSED WITHOUT PREJUDICE for failure to file an IFP

application or pay the filing fee.

The Clerk shall terminate all pending motions as moot and

close the file.


IT IS SO ORDERED.

DATED

07/30/2013


THELTON E. HENDERSON
United States District Judge

G:\PRO-SE\TEH\HC.13\Rivera 13-2851 Dis No IFP.wpd

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