Hawes v. State of California, et al.

Filing 9

ORDER DISMISSING CASE. Signed by Judge William Alsup on 4/20/12. (Attachments: # 1 Certificate/Proof of Service)(dt, COURT STAFF) (Filed on 4/20/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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No. C 12-1113 WHA (PR)

Plaintiff,
For the Northern District of California

United States District Court

TERRY RAY HAWES,

ORDER OF DISMISSAL

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v.
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STATE OF CALIFORNIA,
(Docket No. 6)

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Defendants.
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On March 6, 2012, plaintiff, a prisoner of the State of California, filed a letter with the

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court that was construed as a civil rights action. Thereafter he filed a civil rights complaint. On

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the day he filed his letter, however, the clerk notified him that he had neither paid the filing fee

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nor filed an application to proceed in forma pauperis (“IFP”). Along with the notice, the clerk

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mailed to plaintiff the court’s IFP forms, instructions for completing the forms, and a stamped

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return envelope. In the notice, plaintiff was informed that the case would be dismissed if he did

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not either pay the fee or file a completed IFP application within thirty days. Plaintiff filed an

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incomplete IFP form; specifically he did not submit a certificate of funds completed and signed

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by a prison official or a prison trust account statement, despite being instructed that these

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documents were necessary in order to complete the IFP application.

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Accordingly, this case is DISMISSED without prejudice to filing a new action in
which plaintiff either pays the filing fee or files a complete IFP application. The

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incomplete IFP application is DENIED as moot. The Clerk shall enter judgment and close

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the file.

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IT IS SO ORDERED.

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Dated: April

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, 2012.

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WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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G:\PRO-SE\WHA\CR.12\HAWES1113.DFP.wpd

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