Fuller v. State of California
| Kenneth Adrian Fuller |
| State of California and Rick Hill |
| 5:2010cv05501 |
| December 3, 2010 |
| US District Court for the Northern District of California |
| San Jose Office |
| Sacramento |
| James Ware |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
31
ORDER OF DISMISSAL. The Court advised Petitioner that the amended petition should contain only exhausted claims, and that if he failed to file an amended petition within twenty-eight days from the date the order is filed, i.e., no later than March 6, 2013, the Court would dismiss this action without prejudice. (See id. at 3.) The deadline has since passed, and Petitioner has not filed an amended petition. Accordingly, this action is DISMISSED without prejudice. The Clerk shall terminate any pending motions. Signed by Judge Edward J. Davila on 4/5/2013. (ecg, COURT STAFF) (Filed on 4/8/2013)
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Filing
24
ORDER Denying 21 Motion for Certificate of Appealability; Dranting 22 Motion for Leave to Proceed in forma pauperis. A certificate of appealablity is DENIED. The Clerk shall forward this Order to the Ninth Circuit Court of Appeals, Case No. 12 -17350. The Judgment entered on June 8, 2011 is VACATED. The Clerk shall reopen the file. the Court will conduct an initial review of the petition in a separate order. Signed by Judge Edward J. Davila on 12/21/2012. (ecg, COURT STAFF) (Filed on 12/27/2012)
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Filing
14
ORDER OF DISMISSAL. The Court directed Plaintiff to file the missing documents within thirty days, i.e., by May 15, 2011, to avoid dismissal of the action. The deadline has since passed, and Plaintiff has neither paid the filing fee nor filed the nec essary documents to complete his IFP application. 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. Signed by Judge Edward J. Davila on 6/6/2011. (ecg, COURT STAFF) (Filed on 6/8/2011)
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Filing
11
ORDER GRANTING EXTENSION OF TIME TO FILE IN FORMA PAUPERIS APPLICATION. The Court will grant plaintiff an extension of time to file the missing documents, i.e., a Certificate of Funds in Prisoner's Account completed and signed by an authorized o fficer at the prison and a copy of his prisoner trust account, no later than thirty (30) days from the date this order is filed. In the alternative, plaintiff may pay the full $350.00 filing fee. Failure to respond in accordance with this order in the time provided may result in dismissal of this case without prejudice for failure to pay the filing fee without further notice to plaintiff. The clerk shall enclose two blank copies of the court's Certificate of Funds in Prisoner's Account with a copy of this order to plaintiff. Signed by Judge James Ware on 4/7/2011. (ecg, COURT STAFF) (Filed on 4/15/2011)
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