Nelson v. The People of California

Good Law
United States District Court, Northern District of CaliforniaApril 11, 20243:24-cv-00183California306 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

WARREN A. NELSON, Case No. 24-cv-00183-RFL

Plaintiff,

ORDER OF DISMISSAL

v. Re: Dkt. No.

THE PEOPLE OF CALIFORNIA,

Defendant.

On January 10, 2024, Warren A. Nelson, a state prisoner, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Nelson did not pay the requisite $5.00 filing fee or file an application for leave to proceed in forma pauperis (“IFP”). On the same day the action was filed, the Clerk of the Court sent a notification to Mr. Nelson informing him that his action could not go forward until he paid the filing fee or filed a completed prisoner’s IFP application. The Clerk sent Mr. Nelson a blank IFP application and told him that he must return the completed application or pay the filing fee within twenty-eight days of the date of the notice, or his action would be dismissed. More than twenty-eight days have passed, and Mr. Nelson has not paid the filing fee, submitted his IFP application, or otherwise communicated with the Court. IT IS HEREBY ORDERED that this action is DISMISSED WITHOUT PREJUDICE.

1 The Court notes that Mr. Nelson was convicted in…

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