Kim v. U.S. District Las Vegas Nev. et al
Filing
7
ORDERED Clerk shall FILE and docket the petition. FURTHER ORD this action is DISMISSED WITHOUT PREJUDICE for P's failure to obey this Court's orders. Clerk shall ENTER JUDGMENT accordingly. Signed by Judge Edward C. Reed, Jr on 4/5/2010. (Copies have been distributed pursuant to the NEF - DRM)
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1 2 3 4 5 6 7 8 9 10 11 IL CHON KIM, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Petitioner submitted a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, but he failed to simultaneously submit either a motion for leave to proceed in forma pauperis or payment of the $5.00 filing fee. On October 26, 2009, this Court directed petitioner to, within thirty days, submit an application to proceed in forma pauperis, or in the alternative, to pay the filing fee for this action. (Docket #4). Petitioner has did not respond to this Court's order of October 26, 2009. By order filed December 18, 2009, petitioner was granted one final opportunity to comply with this Court's order of October 26, 2009. (Docket #6). Petitioner was advised that this action would be dismissed unless he complied with the Court's order. (Docket #6). The orders of October 26, 2009, and December 18, 2009, were apparently delivered to petitioner; the orders were not ) ) Petitioner, ) ) vs. ) ) U.S. DISTRICT LAS VEGAS NEVADA, ) et al., ) ) Respondents. ) ____________________________________/ 3:09-cv-0620-ECR-VPC ORDER UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
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returned undelivered. More than the allotted time has elapsed and petitioner has not complied with the Court's orders. Therefore, petitioner's action shall be dismissed without prejudice. IT IS THEREFORE ORDERED that the Clerk shall FILE and docket the petition (received October 19, 2009). IT IS FURTHER ORDERED that this action is DISMISSED WITHOUT PREJUDICE for petitioner's failure to obey this Court's orders of October 26, 2009, and December 18, 2009. The Clerk shall ENTER JUDGMENT accordingly. DATED this 5th day of April, 2010.
UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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