Hill v. Clinton ( 2020 )

1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 JOSHUA SPENCER HILL, 4 Case No. 20-cv-04660-YGR (PR) Petitioner, 5 ORDER OF DISMISSAL WITHOUT 6 Vv. PREJUDICE 5 HILLARY RODHAM CLINTON, Respondent. 8 9 This suit was reassigned from a magistrate judge to the undersigned in light of a recent 10 Ninth Circuit decision.! On July 13, 2020, Petitioner, a state prisoner, filed the present action, 11 which was opened as a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On the a 12 same day the action was filed, the Court sent a notification to Petitioner informing him that his 13 || action could not go forward until he paid the filing fee or filed a completed prisoner’s in forma v 14 || pauperis application. The Clerk of the Court sent Petitioner a blank in forma pauperis application © 15 || and told him that he must pay the fee or return the completed application within twenty-eight days Q 16 || orhis action would be dismissed. = 17 Thereafter, as indicated above, this case was reassigned to the undersigned judge. Dkts. 18 || 5,6. 19 The twenty-eight-day deadline has passed, and Petitioner has not paid the filing fee, 20 || returned the in forma pauperis application, or otherwise communicated with the Court. 21 IT IS HEREBY ORDERED THAT this action is DISMISSED WITHOUT PREJUDICE. 22 || The Clerk shall terminate all pending motions and close the file. 23 IT IS SO ORDERED. 24 || Dated: August 28, 2020 ONNE GONZALEZ’ROGERS 25 nited 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).