Keyes v. California Dept of Corrections et al

Filing 10

ORDER OF DISMISSAL. ORDER DENYING AS MOOT RE: 2 MOTION for Leave to Proceed in forma pauperis filed by Demario Keyes. Signed by Judge Charles R. Breyer on 12/20/2011. (Attachments: # 1 Certificate of Service)(beS, COURT STAFF) (Filed on 12/20/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DEMARIO KEYES,

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Plaintiff,
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v.
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CALIFORNIA DEP'T OF
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CORRECTIONS, et al.,
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Defendant(s).
______________________________ )

No. C 11-3420 CRB (PR)
ORDER OF DISMISSAL
(Docket # 2)

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On July 13, 2011, while plaintiff was incarcerated at the Alameda County

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Jail, he filed the instant civil action. The court notified plaintiff in writing at that

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time that the action was deficient because plaintiff did not pay the requisite

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$350.00 filing fee or, instead, submit a signed and completed court-approved

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prisoner's in forma pauperis application, including a completed certificate of funds

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in the prisoner's account and a copy of the prisoner's trust account statement for the

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last six months. See 28 U.S.C. § 1915(a)(2). Plaintiff was advised that failure to

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file the requested items within 30 days would result in dismissal of the action.

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The court's mail to plaintiff was returned as undeliverable several times.

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But on November 2, 2011, plaintiff notified the court that he was no longer in

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custody and that mail to him should be sent to his private residence in Milpitas,

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California.

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On November 8, the court asked plaintiff to file a non-prisoner's in forma

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pauperis application within 30 days and, again, advised him that failure to do so

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would result in dismissal of this action. More than 30 days have elapsed; however,

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plaintiff has not provided the court with the requisite item, or sought an extension

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of time to do so. Plaintiff's incomplete prisoner's in forma pauperis application

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(docket # 2) is DENIED as moot and the action is DISMISSED without prejudice.

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The clerk shall close the file.

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SO ORDERED.

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DATED:

Dec. 20, 2011

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G:\PRO-SE\CRB\CR.11\Keyes, D.11-3420.dsifp.wpd

_________________________
CHARLES R. BREYER
United States District Judge