Martinez v. California Department of Corrections & Rehabilation et al

Filing 4

ORDER DISMISSING CASE. Signed by Judge Richard Seeborg on 10/14/11. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 10/14/2011)

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1 *E-Filed 10/14/11* 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN FRANCISCO DIVISION 7 8 PATRICK A. MARTINEZ, 9 United States District Court For the Northern District of California 10 No. C 11-4368 RS (PR) Plaintiff, ORDER OF DISMISSAL v. 11 CALIFORNIA DEPARTMENT OF 12 CORRECTIONS AND REHABILITATION, et al., 13 Defendants. 14 / 15 16 This is a federal civil rights action filed pursuant to 42 U.S.C. § 1983 by a pro se state 17 prisoner. Plaintiff has failed to comply with a Court order to (1) file a complete application 18 to proceed in forma pauperis (“IFP”), or (2) pay the filing fee of $350.00, within 30 days. 19 Accordingly, the action is DISMISSED without prejudice to plaintiff (1) filing a complete 20 IFP application, which, in addition to the IFP form itself, includes a Certificate of Funds 21 signed by an authorized prison officer and a statement of funds showing transactions for the 22 last six months, or (2) paying the filing fee. Plaintiff’s motion to proceed IFP (Docket No. 2) 23 is DENIED as insufficient. The Clerk shall terminate Docket No. 2, enter judgment in favor 24 of defendants, and close the file. 25 26 27 IT IS SO ORDERED. DATED: October 14, 2011 RICHARD SEEBORG United States District Judge 28 No. C 11-4368 RS (PR) JUDGMENT

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