Burghardt -v- Franz

Filing 6

ORDER OF DISMISSAL. Signed by Judge Richard Seeborg on 11/6/12. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 11/6/2012)

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1 2 *E-Filed 11/6/12* 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN FRANCISCO DIVISION 7 8 DARRYL BURGHARDT, Plaintiff, 9 10 United States District Court For the Northern District of California No. C 12-5190 RS (PR) v. 11 ORDER OF DISMISSAL J. FRANZ, et al., 12 Defendants. / 13 14 This is a federal civil rights action filed pursuant to 42 U.S.C. § 1983 by a pro se state 15 prisoner. By order of the Court, plaintiff was granted 30 days (1) to file a complete 16 application to proceed in forma pauperis (“IFP”), or (2) to pay the filing fee of $350.00, or 17 face dismissal of the action. More than 30 days have passed since the order was filed, and 18 plaintiff has not filed a complete IFP application, nor paid the filing fee. The IFP application 19 lacks a Certificate of Funds signed by an authorized prison officer, and a prison trust account 20 statement showing transactions for the last six months. Accordingly, the action is 21 DISMISSED without prejudice. Any motion to reopen the action must contain (1) the two 22 IFP documents listed above, or (2) payment for the entire filing fee of $350.00. Plaintiff’s 23 IFP motion (Docket No. 5) is DENIED as insufficient. The Clerk shall enter terminate 24 Docket No. 5, enter judgment in favor of defendants, and close the file. 25 26 27 IT IS SO ORDERED. DATED: November 6, 2012 RICHARD SEEBORG United States District Judge 28 No. C 12-5190 RS (PR) ORDER OF DISMISSAL

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