In re Jethro L. Larkin, II

Filing 6

ORDER OF DISMISSAL. Signed by Judge Thelton E. Henderson on 01/09/2013. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 1/9/2013)

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1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 7 8 IN RE: JETHRO L. LARKIN, II 9 _______________________________/ United States District Court For the Northern District of California 10 JETHRO L. LARKIN, II, 11 12 13 14 15 16 No. C 12-3361 TEH (PR) No. C 12-3362 TEH (PR) Plaintiff, ORDER OF DISMISSAL v. JAMES CARLSON, Defendant. ______________________________/ Plaintiff, a state prisoner and frequent litigant in this 17 Court, currently incarcerated at Corcoran State Prison, filed two 18 pro se civil rights complaints pursuant to 42 U.S.C. § 1983. 19 case number C 12-3362 TEH, Plaintiff requested to proceed in forma 20 pauperis (IFP) pursuant to 28 U.S.C. § 1915. 21 3361 TEH, Plaintiff failed to file a request to proceed IFP and the 22 Court notified him to do so within thirty days from the date of the 23 Order, which was August 7, 2012. 24 required IFP application. 25 In In case number C 12- Plaintiff never filed the On September 17, 2012, in each case, the Court sent 26 Plaintiff an Order to Show Cause for him to respond in writing 27 indicating why his requests to proceed IFP should not be denied and 28 the actions should not be dismissed pursuant to 28 U.S.C. 1 § 1915(g). 2 undeliverable. 3 November 7, 2012, the Court re-sent the Order to Show Cause to 4 Plaintiff's new address at Corcoran State Prison. 5 cautioned Plaintiff that he must timely respond to the issues 6 raised in the Order to Show Cause to prevent his actions from being 7 dismissed. 8 December 7, 2012. 9 On September 28, 2012, this Order was returned as See Case no. C 12-3362 TEH, Docket no. 8. On The Court The deadline for Plaintiff to file his responses was This deadline has passed and Plaintiff has not filed a United States District Court For the Northern District of California 10 response in either case or communicated with the Court in any way. 11 Accordingly, these actions are DISMISSED under § 1915(g) WITHOUT 12 PREJUDICE to bringing the claims asserted in them in a future 13 action in which Plaintiff pays the full filing fee of $ 350.00. 14 The Clerk of the Court shall terminate as moot all pending 15 motions and close the files in these two cases. 16 17 IT IS SO ORDERED. 18 DATED: 01/09/2013 19 THELTON E. HENDERSON United States District Judge 20 21 22 23 24 25 26 27 G:\PRO-SE\TEH\CR.12\Larkin 12-3361_62 1915g-DIS.wpd 28 2

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