Overton v. Overton

Filing 6

ORDER DISMISSING CASE. Signed by Judge William Alsup on 1/27/12. (Attachments: # 1 Certificate of Service)(dt, COURT STAFF) (Filed on 1/27/2012)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 MICHAEL LOUIS OVERTON, Plaintiff, 8 9 ORDER OF DISMISSAL v. TRUST OFFICE, CALIFORNIA MEDICAL FACILITY, 11 Defendant. For the Northern District of California United States District Court 10 No. C 11-6233 WHA (PR) 12 / 13 14 On December 13, 2011, plaintiff, a prisoner of the State of California, filed a 15 motion complaining of actions by prison employees. That day, the clerk notified 16 plaintiff that he had not filed a complaint, and that he had neither paid the filing fee nor 17 filed an application to proceed in forma pauperis (“IFP”). Along with the notices, the 18 clerk mailed to plaintiff the court’s complaint and IFP forms, instructions for completing 19 the forms, and a stamped return envelope. In the notices, plaintiff was informed that the 20 case would be dismissed if he did not file a complaint, and pay the fee or file a 21 completed IFP application, within thirty days. More than thirty days have passed, and 22 plaintiff has not filed an IFP application or paid the filing fee. Accordingly, this case is 23 DISMISSED without prejudice. The motion for settlement (docket number 1) is DENIED 24 as moot. The Clerk shall enter judgment and close the file. 25 IT IS SO ORDERED. 26 Dated: January 27 , 2012. 27 28 G:\PRO-SE\WHA\CR.11\OVERTON6233.DFP.wpd WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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