Leonardo

Filing 7

ORDER OF DISMISSAL. Signed by Judge Jeffrey S. White on 02/06/2012. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 2/6/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DONTE L. FLOWERS,
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Plaintiff,
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v.
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M.S. BATTAR, M.D., et al.,
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Defendant.
_________________________________ )

No. C 11-6291 JSW (PR)
ORDER OF DISMISSAL

(Docket No. 5)

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On December 14, 2011, Plaintiff, a prisoner of the State of California, filed a
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letter with the Court complaining of certain conditions in his prison. The Clerk
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construed it as an attempt to file a civil rights action under 42 U.S.C. § 1983, and on the
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same day notified Plaintiff that he had not filed a complaint a had neither paid the filing
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fee nor filed a completed application to proceed in forma pauperis (“IFP”). Along with
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the notices, the Clerk mailed to Plaintiff the Court’s complaint and IFP forms,
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instructions for completing the forms, and a stamped return envelope. In the notices,
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Plaintiff was informed that the case would be dismissed if he did not file a complaint and
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either pay the fee or file a completed IFP application within thirty days. The IFP
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instructions and form indicated that in order to complete an IFP application, Plaintiff
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would have to submit a certificate of funds form signed and completed by a prison
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official and a prison trust account statement.
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On January 13, 2011, Plaintiff filed a complaint and IFP application. However,

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the IFP application was not complete insofar as Plaintiff did not submit either the

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required certificate of funds form signed and completed by a prison official or his prison

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trust account statement. More than thirty days have passed since Plaintiff received the

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deficiency notice and he has not completed the IFP application or paid the filing fee,

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requested additional time, or shown cause why he has failed to do so. Consequently, and

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in accordance with the warning provided to Plaintiff in the deficiency notices, this case is

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DISMISSED without prejudice to refiling in an action in which Plaintiff either pays the

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filing fee or submits a complete IFP application.

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The incomplete IFP application (docket number 5) is DENIED as moot. The
Clerk shall enter judgment and close the file.
IT IS SO ORDERED.
DATED: 02/06/2012
JEFFREY S. WHITE
United States District Judge