Herndon v. San Rafael P. D. ( 2023 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 GERROD HERNDON, Case No. 23-cv-04669-TLT 8 Petitioner, ORDER OF DISMISSAL; 9 Vv. DENYING CERTIFICATE OF APPEALABILITY 10 SAN RAFAEL P. D., et al., ll Respondents. 12 Petitioner, a former state prisoner currently at All Saints Extended Care, an assisted living 5 13 || facility in San Rafael, California, filed a petition for writ of habeas corpus. ECF 1. That same 14 || day, the Clerk of the Court informed petitioner that this action was deficient because he had not 3 15 || submitted a non-prisoner in forma pauperis (IFP) application or paid the filing fee. ECF 2. The 16 || Court informed petitioner that he needed to correct the deficiencies within twenty-eight days from 3 17 || the date of the notice to avoid dismissal of this petition. Jd. The deadline has passed, and 18 || petitioner has not submitted the required documents or paid the $5 filing fee. Petitioner submitted 19 || a trust account statement but not the IFP form. ECF 3. 20 The Court therefore DISMISSES this petition without prejudice. Petitioner has failed to 21 || make a substantial showing that a reasonable jurist would find this court’s dismissal of the petition 22 debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 (2000). Consequently, no certificate 23 || of appealability is warranted in this case. The clerk shall enter judgment and close the file. 24 IT IS SO ORDERED. 25 Dated: December 13, 2023 26 28 TRINA L: IMPSON United States District Judge