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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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 No. C 12-1113 WHA (PR) Plaintiff, For the Northern District of California United States District Court TERRY RAY HAWES, ORDER OF DISMISSAL 11 12 v. 13 STATE OF CALIFORNIA, (Docket No. 6) 14 Defendants. 15 / 16 17 On March 6, 2012, plaintiff, a prisoner of the State of California, filed a letter with the 18 court that was construed as a civil rights action. Thereafter he filed a civil rights complaint. On 19 the day he filed his letter, however, the clerk notified him that he had neither paid the filing fee 20 nor filed an application to proceed in forma pauperis (“IFP”). Along with the notice, the clerk 21 mailed to plaintiff the court’s IFP forms, instructions for completing the forms, and a stamped 22 return envelope. In the notice, plaintiff was informed that the case would be dismissed if he did 23 not either pay the fee or file a completed IFP application within thirty days. Plaintiff filed an 24 incomplete IFP form; specifically he did not submit a certificate of funds completed and signed 25 by a prison official or a prison trust account statement, despite being instructed that these 26 documents were necessary in order to complete the IFP application. 27 28 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 1 incomplete IFP application is DENIED as moot. The Clerk shall enter judgment and close 2 the file. 3 IT IS SO ORDERED. 4 Dated: April 20 , 2012. 5 WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 6 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 G:\PRO-SE\WHA\CR.12\HAWES1113.DFP.wpd 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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