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)

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