Buckley v. Schwarzenegger et al

Filing 5

ORDER DISMISSING CASE. Signed by Judge William Alsup on 12/19/11. (Attachments: # 1 Certificate of Service)(dt, COURT STAFF) (Filed on 12/20/2011)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 No. C 11-4523 WHA (PR) ORDER OF DISMISSAL Plaintiff, For the Northern District of California United States District Court ANTONIO CORTEZ BUCKLEY, 11 12 v. 13 14 15 16 ARNOLD SCHWARZENEGGER, et al., Defendants. / 17 On September 19, 2012, plaintiff, a prisoner of the State of California, filed this 18 civil rights action under 42 U.S.C. 1983. That day, the clerk notified plaintiff that he had 19 not filed a complaint, and that he had neither paid the filing fee nor filed an application 20 to proceed in forma pauperis (“IFP”). Along with the notice, the clerk mailed to plaintiff 21 the court’s IFP forms, instructions for completing the forms, and a stamped return 22 envelope. In the notice, plaintiff was informed that the case would be dismissed if he did 23 not file pay the fee or file a completed IFP application within thirty days. On September 24 23, 2011, plaintiff filed an IFP application, but it was not complete in that it did not 25 include a certificate of funds completed and signed by a prison official or a trust account 26 statement showing transactions and balances for the last six months. In an order dated 27 October 28, 2011, he was informed what was missing from his application and he was 28 granted an extension of time, to and including November 28, 2011, in which to submit 1 the missing certificate of funds and prison trust account statement. The deadline has 2 passed, and he has not submitted the missing items, filed a completed the IFP 3 application, paid the filing fee, requested a further extension of time, or shown cause for 4 his failure to do so. Indeed, no response has been received from Plaintiff to the order 5 granting his extension of time. Accordingly, this case is DISMISSED without prejudice. 6 The Clerk shall enter judgment and close the file. 7 IT IS SO ORDERED. 8 Dated: December 19 , 2011. 9 WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 G:\PRO-SE\WHA\CR.11\BUCKLEY4523.DSM.wpd 20 21 22 23 24 25 26 27 28 2

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