Whitfield

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6

ANDREW WHITFIELD,

7 Case No. 23-cv-04162-AMO (PR) Petitioner, 8 ORDER OF DISMISSAL WITHOUT v. PREJUDICE 9

STATE OF CALIFORNIA,

10 Respondent. 11

12 This suit was reassigned from a magistrate judge to the undersigned in light of Ninth Circuit 13 authority.1 On August 16, 2023, Petitioner Andrew Whitfield, a federal inmate, filed a document 14 with the Court in the instant case, which was opened as a habeas corpus action. Dkt. 1. On the 15 same day the action was filed, the Clerk of the Court sent a notice to Whitfield informing him that 16 his action could not go forward until he filed with the Court a habeas corpus petition form, 17 completed in full, within twenty-eight days or Whitfield’s action would be dismissed. The Clerk 18 also sent Whitfield another notice directing him to either pay the filing fee or file a completed 19 prisoner’s in forma pauperis (“IFP”) application. The Clerk sent Whitfield a blank IFP 20 application and told him…