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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*E-Filed 11/6/12*

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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DARRYL BURGHARDT,
Plaintiff,

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United States District Court
For the Northern District of California

No. C 12-5190 RS (PR)

v.

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ORDER OF DISMISSAL

J. FRANZ, et al.,

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Defendants.
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This is a federal civil rights action filed pursuant to 42 U.S.C. § 1983 by a pro se state

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prisoner. By order of the Court, plaintiff was granted 30 days (1) to file a complete

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application to proceed in forma pauperis (“IFP”), or (2) to pay the filing fee of $350.00, or

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face dismissal of the action. More than 30 days have passed since the order was filed, and

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plaintiff has not filed a complete IFP application, nor paid the filing fee. The IFP application

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lacks a Certificate of Funds signed by an authorized prison officer, and a prison trust account

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statement showing transactions for the last six months. Accordingly, the action is

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DISMISSED without prejudice. Any motion to reopen the action must contain (1) the two

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IFP documents listed above, or (2) payment for the entire filing fee of $350.00. Plaintiff’s

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IFP motion (Docket No. 5) is DENIED as insufficient. The Clerk shall enter terminate

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Docket No. 5, enter judgment in favor of defendants, and close the file.

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IT IS SO ORDERED.
DATED: November 6, 2012
RICHARD SEEBORG
United States District Judge

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No. C 12-5190 RS (PR)
ORDER OF DISMISSAL