Whitfield

Whitfield v. State of California

Good Law
United States District Court, Northern District of CaliforniaDecember 22, 20233:23-cv-04162California264 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ANDREW WHITFIELD,

Case No. 23-cv-04162-AMO (PR) Petitioner, ORDER OF DISMISSAL WITHOUT v. PREJUDICE

STATE OF CALIFORNIA,

10 Respondent.

This suit was reassigned from a magistrate judge to the undersigned in light of Ninth Circuit authority. On August 16, 2023, Petitioner Andrew Whitfield, a federal inmate, filed a document with the Court in the instant case, which was opened as a habeas corpus action. Dkt. 1. On the same day the action was filed, the Clerk of the Court sent a notice to Whitfield informing him that his action could not go forward until he filed with the Court a habeas corpus petition form, completed in full, within twenty-eight days or Whitfield’s action would be dismissed. The Clerk also sent Whitfield another notice directing him to either pay the filing fee or file a completed prisoner’s in forma pauperis (“IFP”) application. The Clerk sent Whitfield a blank IFP application and told him…

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