1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 DAVID D. HARRIS, Case No. 23-cv-02434-AMO (PR)

10 Petitioner, ORDER OF DISMISSAL WITHOUT 11 v. PREJUDICE

12 GENA JONES, Acting Warden,

Respondent. 13

14 This suit was reassigned from a magistrate judge to the undersigned in light of a Ninth 15 Circuit decision.1 16 On May 3, 2023, petitioner, an inmate, filed a document with the United States District 17 Court for the Eastern District of California in the instant case, which was opened as a habeas 18 corpus action. Dkt. 1. 19 On May 17, 2023, this action was transferred to the United States District Court for the 20 Northern District of California. Dkts. 5, 6. On the same day the action was transferred to the 21 Northern District, the Clerk of the Court sent a notice to petitioner informing petitioner that his 22 action could not go forward until he filed with the Court a habeas corpus petition form, completed 23 in full, within twenty-eight days or his action would be dismissed. Dkt. 7. The Clerk also sent 24 petitioner another notice directing him to either pay the filing fee or file a completed prisoner’s in 25 forma pauperis (“IFP”) application. Dkt. 8. The Clerk sent petitioner a blank IFP application and 26

27 1 Williams v. King,

(9th Cir. 2017) (magistrate judge lacked jurisdiction 1 told him that he must pay the fee or return the completed application within twenty-eight days or 2 || his action would be dismissed. 3 More than twenty-eight days have passed, and petitioner has not filed his petition on the 4 || correct form. He has also failed to pay the filing fee or return the IFP application, and the deadline 5 to do so has passed. 6 Accordingly, this action is DISMISSED WITHOUT PREJUDICE. The Clerk shall 7 terminate all pending motions and close the file. Any motion to reopen must contain his petition 8 || on the correct form and must also include either the full filing fee or a completed IFP application. 9 IT IS SO ORDERED. 10 Dated: September 20, 2023 Wed 11 Ce | . ARACELI MARTINEZ-OLGUIN 12 United States District Judge

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