McCoy

Filing 5

ORDER DISMISSING CASE without prejudice. Signed by Judge Thelton E. Henderson on 10/28/10. (Attachments: # 1 Certificate of Service)(tmi, COURT STAFF) (Filed on 11/1/2010)

McCoy

Doc. 5

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On August 9, 2010, Plaintiff, a prisoner who was incarcerated at that time at the Metropolitan Detention Center in Los Angeles, California, filed a letter with the Court. Doc. #1. JOHN DOE, Defendant. / v. DANNY MCCOY, Plaintiff, ORDER OF DISMISSAL No. C-10-3471 TEH (PR) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

The Court Clerk notified Plaintiff in writing at that time that because he neither filed a formal civil rights complaint under 42 U.S.C. § 1983 using the court-approved form nor did he pay the requisite $ 350.00 filing fee or, instead, submit a signed and completed court-approved in forma pauperis application, including a completed certificate of funds in his prison account and a copy of his prison trust account statement for the last six months obtained from the appropriate prison official, the action was deficient. See

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

28 U.S.C. § 1915(a)(2).

Plaintiff was advised that failure to file

the requested items within thirty (30) days would result in dismissal of the action. Doc. ## 2 & 3. On August 17, 2010, the Doc.

Court's notices to Plaintiff were returned as undeliverable. #4.

Over two months have elapsed since Plaintiff was notified of his filing deficiencies; however, he has neither provided the Court with the requisite items nor filed a request for an extension of time to do so. Further, more than sixty (60) days have passed

since the Court's mail to Plaintiff was returned, and Plaintiff has failed to provide the Court with a current address. Rule 3-11(b). prejudice. The Clerk is directed to terminate all pending motions as moot and close the file. See Civil Local

The action, therefore, is DISMISSED without

IT IS SO ORDERED. DATED 10/28/10 THELTON E. HENDERSON United States District Judge

G:\PRO-SE\TEH\CR.10\McCoy-10-3471-no complaint-no ifp-dismissal.wpd

2