Chavez v. Santa Clara County Regional Center

Filing 4

ORDER OF DISMISSAL. Signed by Judge Richard Seeborg on 8/2/11. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 8/2/2011)

Download PDF
1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 *E-Filed 8/2/11* SAN FRANCISCO DIVISION 4 5 RAUL RIVERA CHAVEZ, 6 Plaintiff, 7 8 9 ORDER OF DISMISSAL v. SANTA CLARA COUNTY REGIONAL CENTER, Defendant. 10 United States District Court For the Northern District of California No. C 11-3178 RS (PR) / 11 This is a federal civil rights action filed pursuant to 42 U.S.C. § 1983 by a pro se state 12 13 prisoner. Plaintiff was ordered to file a complete application to proceed in forma pauperis 14 (“IFP”), or pay the filing fee of $350.00, within 30 days, or face dismissal of the action. 15 More than 30 days have passed and plaintiff has not paid the filing fee or a complete IFP 16 application. His application is incomplete because it does not include (1) a Certificate of 17 Funds signed by an authorized prison officer (plaintiff’s signing it himself does not satisfy 18 this requirement), nor (2) a prison trust account statement detailing transactions for the last 19 six months. Accordingly, the action is DISMISSED without prejudice to plaintiff (1) paying 20 the filing fee, or (2) filing a properly completed Certificate of Funds signed by an authorized 21 prison officer, and a prison trust account statement detailing transactions for the last six 22 months. Plaintiff’s application to proceed IFP (Docket No. 3) is DENIED without prejudice. 23 The Clerk shall terminate Docket No. 3, enter judgment in favor of defendant, and close the 24 file. 25 26 27 IT IS SO ORDERED. DATED: August 2, 2011 RICHARD SEEBORG United States District Judge 28 No. C 11-3178 RS (PR) ORDER OF DISMISSAL

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?