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)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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*E-Filed 8/2/11*

SAN FRANCISCO DIVISION

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RAUL RIVERA CHAVEZ,

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Plaintiff,

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ORDER OF DISMISSAL

v.
SANTA CLARA COUNTY REGIONAL
CENTER,
Defendant.

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United States District Court
For the Northern District of California

No. C 11-3178 RS (PR)

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This is a federal civil rights action filed pursuant to 42 U.S.C. § 1983 by a pro se state

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prisoner. Plaintiff was ordered to file a complete application to proceed in forma pauperis

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(“IFP”), or pay the filing fee of $350.00, within 30 days, or face dismissal of the action.

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More than 30 days have passed and plaintiff has not paid the filing fee or a complete IFP

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application. His application is incomplete because it does not include (1) a Certificate of

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Funds signed by an authorized prison officer (plaintiff’s signing it himself does not satisfy

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this requirement), nor (2) a prison trust account statement detailing transactions for the last

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six months. Accordingly, the action is DISMISSED without prejudice to plaintiff (1) paying

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the filing fee, or (2) filing a properly completed Certificate of Funds signed by an authorized

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prison officer, and a prison trust account statement detailing transactions for the last six

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months. Plaintiff’s application to proceed IFP (Docket No. 3) is DENIED without prejudice.

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The Clerk shall terminate Docket No. 3, enter judgment in favor of defendant, and close the

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file.

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IT IS SO ORDERED.
DATED: August 2, 2011
RICHARD SEEBORG
United States District Judge

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No. C 11-3178 RS (PR)
ORDER OF DISMISSAL