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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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IN RE: JETHRO L. LARKIN, II

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_______________________________/

United States District Court
For the Northern District of California

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JETHRO L. LARKIN, II,

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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

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Court, currently incarcerated at Corcoran State Prison, filed two

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pro se civil rights complaints pursuant to 42 U.S.C. § 1983.

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case number C 12-3362 TEH, Plaintiff requested to proceed in forma

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pauperis (IFP) pursuant to 28 U.S.C. § 1915.

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3361 TEH, Plaintiff failed to file a request to proceed IFP and the

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Court notified him to do so within thirty days from the date of the

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Order, which was August 7, 2012.

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required IFP application.

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In

In case number C 12-

Plaintiff never filed the

On September 17, 2012, in each case, the Court sent

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Plaintiff an Order to Show Cause for him to respond in writing

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indicating why his requests to proceed IFP should not be denied and

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the actions should not be dismissed pursuant to 28 U.S.C.

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§ 1915(g).

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undeliverable.

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November 7, 2012, the Court re-sent the Order to Show Cause to

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Plaintiff's new address at Corcoran State Prison.

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cautioned Plaintiff that he must timely respond to the issues

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raised in the Order to Show Cause to prevent his actions from being

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dismissed.

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December 7, 2012.

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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

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response in either case or communicated with the Court in any way.

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Accordingly, these actions are DISMISSED under § 1915(g) WITHOUT

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PREJUDICE to bringing the claims asserted in them in a future

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action in which Plaintiff pays the full filing fee of $ 350.00.

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The Clerk of the Court shall terminate as moot all pending

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motions and close the files in these two cases.

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IT IS SO ORDERED.

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DATED: 01/09/2013
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THELTON E. HENDERSON
United States District Judge

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G:\PRO-SE\TEH\CR.12\Larkin 12-3361_62 1915g-DIS.wpd

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