Kelly v. Newsom et al

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United States District Court
Northern District of California
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
JAMES CARL KELLY,
Petitioner,
v.
GAVIN NEWSOM, et al.,
Respondent.
Case No. 26-cv-09319-JST
ORDER OF DISMISSAL
On or about September 3, 2026, Petitioner filed this pro se petition for a writ of habeas
corpus. That same day, the Court informed Petitioner that this action was deficient because he did
not pay the $5 filing fee or, in the alternative, file an in forma pauperis application. ECF No. 5.
The Court ordered Petitioner to cure the deficiency by September 31, 2026, or face dismissal of
this action. Id. On September 17, 2026, Plaintiff filed an incomplete in forma pauperis
application. ECF No. 5. The application is incomplete because the Certificate of Funds in
Prisoner’s Account form is not completed and signed by an authorized officer at Petitioner’s
correctional facility. ECF No. 5. Accordingly, this action is DISMISSED for failure to file a
complete in forma pauperis application. The dismissal is without prejudice to Petitioner filing a
motion to reopen the action. Any motion to reopen must be accompanied by either the $5 filing
fee or a complete in forma pauperis application. Judgment is entered in favor of Respondents and
against Petitioner. The Clerk shall close the case.
IT IS SO ORDERED.
Dated:
______________________________________
JON S. TIGAR
United States District Judge
October 8, 2026
Case 4:26-cv-09319-JST Document 6 Filed 10/08/26 Page 1 of 1