Fernandez v. Jusino
Fernandez v. Jusino
Trial Court Opinion
1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 ANA J. FERNANDEZ, Case No. 23-cv-02399-AMO (PR) 6 Petitioner, ORDER OF DISMISSAL WITHOUT 7 PREJUDICE 8 T. JUSINO, Warden, 9 Respondent. 10 This action was reassigned from a magistrate judge to the undersigned in light of a recent 11 Ninth Circuit decision.! On May 16, 2023, Petitioner, a federal prisoner, filed the present petition 12 || fora writ of habeas corpus pursuant to
28 U.S.C. § 2241. On May 17, 2023, the Clerk of the 5 13 || Court sent a notification to Petitioner informing her that her action could not go forward until she 14 || paid the full filing fee or filed a completed prisoner’s in forma pauperis (“IFP”) application. The 15 || Clerk sent Petitioner a blank IFP application and told her that she must pay the fee or return the a 16 || completed application within twenty-eight days or her action would be dismissed. 3 17 More than twenty-eight days have passed, and Petitioner has not paid the filing fee or 18 || returned the IFP application. 19 IT IS HEREBY ORDERED THAT this action is DISMISSED WITHOUT 20 || PREJUDICE. The Clerk shall close the file. Any motion to reopen must contain either the full 21 || filing fee or a completed IFP application. 22 IT IS SO ORDERED. 23 || Dated: July 19, 2023 . 24 { Nacel: Malle ARACELI MARTINEZ-OLGUIN 25 United States District Judge 26 27 ' Williams v. King,
875 F.3d 500, 503(9th Cir. 2017) (magistrate judge lacked jurisdiction 2g || to dismiss case on initial screening because unserved defendants had not consented to proceed before magistrate judge).
Reference
- Status
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