Rodgers v. Kellie et al

Filing 4

ORDER OF DISMISSAL. Signed by Judge James Ware on May 3, 2012. (Attachments: # 1 Certificate/Proof of Service)(wsn, COURT STAFF) (Filed on 5/3/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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RUSSELL DWAYNE RODGERS,

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Plaintiff,

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vs.

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KELLIE, et al.,
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Defendants.
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No. C 12-01479 JW (PR)
ORDER OF DISMISSAL

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On March 23, 2012, Plaintiff, filed this pro se civil rights action under 42
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U.S.C. § 1983. That day, the Clerk notified Plaintiff that his in forma pauperis
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(“IFP”) application was incomplete because Plaintiff had failed to submit a
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Certificate of Funds in Prisoner’s Account completed and signed by an authorized
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officer at the prison and failed to attach a copy of his prisoner trust account
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statement showing transactions for the last six months. Along with the notice, the
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Clerk mailed to Plaintiff the Court’s IFP forms, instructions for completing the
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forms, and a stamped return envelope. In the notice, Plaintiff was informed that the
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case would be dismissed if he did not either pay the fee or file a completed IFP
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application within thirty days. More than thirty days have passed, and Plaintiff has
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neither paid the filing fee, filed an IFP application, nor explained his failure to do so.
Order of Dismissal
C:\Users\noblew\AppData\Local\Temp\fz3temp-1\Rogers-12-1479_ifp-dism.wpd

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Accordingly, this case is DISMISSED without prejudice. See Fed. R. Civ. P. 41(b).

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The Clerk shall enter judgment and close the file.

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IT IS SO ORDERED.

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DATED:

May 3, 2012
JAMES WARE
United States District Chief Judge

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For the Northern District of California

United States District Court

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Order of Dismissal
C:\Users\noblew\AppData\Local\Temp\fz3temp-1\Rogers-12-1479_ifp-dism.wpd
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