1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JOSE ANTONIO RODRIGUEZ, Case No. 21-cv-04554-WHO (PR)

Petitioner, 8 ORDER OF DISMISSAL v. 9

10 COALINGA STATE HOSPITAL, Dkt. No. 8 Respondent. 11

12 13 After petitioner Jose Antonio Rodriguez filed an incomplete habeas application, the 14 Clerk sent him a notice directing him to file a complete application, along with another 15 habeas application and instructions for completing the application. (Dkt. No. 4.) 16 Rodriguez filed a second petition, but this one fails to correct the deficiencies in the first. 17 (Dkt. No. 7.) Neither petition stated any facts, let alone such crucial information as the (i) 18 date, terms, and the court of sentencing; and (ii) grounds for challenging his detention. 19 Also, Rodriguez’s application to proceed in forma pauperis (IFP) is incomplete — 20 it lacks a prison trust account statement showing transactions for the last six months. (Dkt. 21 No. 8.) He was sent a Clerk’s Notice regarding this deficiency, but failed to correct it. 22 (Dkt. No. 6.) 23 Accordingly, this federal habeas action is DISMISSED (without prejudice) for 24 failing to comply with the Clerk’s Notices and for failing to prosecute, see Federal Rule of 25 Civil Procedure 41(b). 26 Because this dismissal is without prejudice, Rodriguez may move to reopen. Any 27 such motion must contain (i) a complete application to proceed IFP, and (ii) a habeas 1 Rodriguez’s IFP application is DENIED as incomplete. (Dkt. No. 8.) 2 A certificate of appealability will not issue. Petitioner has not shown “that jurists of 3 || reason would find it debatable whether the petition states a valid claim of the denial of a 4 || constitutional right and that jurists of reason would find it debatable whether the district 5 court was correct in its procedural ruling.” Slack v. McDaniel,

(2000). 6 The Clerk shall terminate all pending motions, enter judgment in favor of 7 || respondent, and close the file. 8 IT IS SO ORDERED. 9 || Dated: September 22, 2021 . \f 1 me FNP 0 LLIAM H. ORRICK 11 United States District Judge a 12

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