Miranda v. Cate et al

Filing 5

ORDER DISMISSING CASE. Signed by Judge Richard Seeborg on 8/31/11. (cl, COURT STAFF) (Filed on 8/31/2011) (Additional attachment(s) added on 8/31/2011: # 1 Appendix Certificate of Service) (cl, COURT STAFF).

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*E-Filed 8/31/11*

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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JERRY M. MIRANDA,
Plaintiff,

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ORDER OF DISMISSAL

v.

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United States District Court
For the Northern District of California

No. C 11-3749 RS (PR)

M. CATE, et al.,

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Defendants.
/

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This is a federal civil rights action filed by a pro se state prisoner pursuant to 42

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U.S.C. § 1983. By order of the Court, plaintiff was granted 30 days (1) to file a complete

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application to proceed in forma pauperis (“IFP”), or (2) to pay the filing fee of $350.00, or

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face dismissal of the action. More than 30 days have passed since the order was filed, and

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plaintiff has not paid the filing fee, and his IFP application is incomplete, plaintiff having

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submitted an unsigned Certificate of Funds, and having failed to file a prison trust account

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statement detailing transactions for the last six months. Accordingly, the action is

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DISMISSED without prejudice as to plaintiff filing (1) a filled-out Certificate of Funds

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signed by an authorized prison officer, and (2) a prison trust account statement showing

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transactions for the last six months. Plaintiff’s application to proceed IFP (Docket No. 4) is

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DENIED without prejudice. The Clerk shall terminate Docket No. 4, enter judgment in favor

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of defendants, and close the file.

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IT IS SO ORDERED.
DATED: August 31, 2011
RICHARD SEEBORG
United States District Judge

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No. C 11-3749 RS (PR)
ORDER OF DISMISSAL