Thompson v. Contra Costa County Sheriff's Department

Filing 7

ORDER OF DISMISSAL. Signed by Judge Maxine M. Chesney on May 29, 2009. (mmcsec, COURT STAFF) (Filed on 5/29/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 United States District Court For the Northern District of California

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ) ) ) Plaintiff, ) ) v. ) CONTRA COSTA COUNTY SHERIFF'S ) ) DEPARTMENT, ) ) Defendant. ____________________________________ ) TREMILE SAINT THOMPSON, No. C 09-0547 MMC (PR) ORDER OF DISMISSAL; DENYING LEAVE TO PROCEED IN FORMA PAUPERIS (Docket No. 2)

On February 6, 2009, plaintiff, a California prisoner then incarcerated at the Contra

16 Costa County Jail in Martinez and proceeding pro se, filed the above-titled civil rights action 17 pursuant to 42 U.S.C. § 1983. Together with his complaint, plaintiff filed an incomplete 18 application to proceed in forma pauperis ("IFP"). That same date, the Court notified plaintiff 19 in writing that the action was deficient due to plaintiff's failure to pay the requisite filing fee 20 or, instead, to submit a completed court-approved IFP application. Specifically, in said 21 notice, plaintiff was advised that he must submit a Certificate of Funds in Prisoner's Account 22 completed and signed by an authorized officer at the prison, and must attach a copy of his 23 prisoner trust account statement showing transactions for the last six months. Plaintiff was 24 further advised that his failure to pay the filing fee or, alternatively, to file a completed IFP 25 application, within thirty days, would result in dismissal of the action. Along with said 26 notice, plaintiff was sent a copy of the court-approved prisoner's IFP application, instructions 27 for completing it, and a return envelope. 28

On February 20, 2009, the Clerk of the Court filed a notice from plaintiff that he had

1 been transferred to San Quentin State Prison ("SQSP"). On February 25, 2009, the IFP 2 deficiency notice that had been sent to plaintiff at the Contra Costa County Jail was returned 3 to the court as undeliverable, for the reason that plaintiff was no longer incarcerated at that 4 location. The Clerk then re-sent the IFP deficiency notice to plaintiff at SQSP. On March 5, 5 2009 that notice also was returned to the court as undeliverable. Notations on the envelope 6 in which the notice was returned indicate the notice had been forwarded from SQSP to the 7 California Correctional Institution ("CCI"), but that plaintiff was not incarcerated at CCI. 8 Under the circumstances, the Court, on April 23, 2009, made one final attempt to notify 9 plaintiff of his deficient IFP application; the Clerk sent a new IFP deficiency notice, court10 approved prisoner's IFP application, instructions for completing it, and a return envelope to 11 plaintiff at SQSP, and the Court again advised plaintiff that his failure to pay the filing fee or, 12 alternatively, to file a completed IFP application, within thirty days, would result in dismissal 13 of the action. That notice has not been returned. 14

More than thirty days have passed since the April 23, 2009 IFP deficiency notice was

15 sent to plaintiff at his most recent address, and he has not filed a completed IFP application 16 or paid the filing fee. Accordingly, the above-titled action is hereby DISMISSED without 17 prejudice. Additionally, the incomplete application to proceed in forma pauperis is hereby 18 DENIED and no fee is due. 19 20 21

This order terminates Docket No. 2. The Clerk shall close the file. IT IS SO ORDERED.

22 DATED: May 29, 2009 23 24 25 26 27 28 2

MAXINE M. CHESNEY United States District Judge