Durden v. San Francisco Sheriff's Department et al

Filing 7

ORDER OF DISMISSAL. Signed by Judge Thelton E. Henderson on 03/12/2013. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 3/13/2013)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CURTIS JAMES DURDEN, JR.,
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No. C-12-5193 TEH (PR)

Plaintiff,
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ORDER OF DISMISSAL

v.
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United States District Court
For the Northern District of California

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SAN FRANCISCO COUNTRY SHERIFF’S
DEPARTMENT and DEPUTY ALBA
Defendants
/

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On October 5, 2012, Plaintiff Curtis James Durden, Jr., a

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state prisoner incarcerated at the San Francisco County Jail in San

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Bruno, filed a civil rights complaint under 42 U.S.C. § 1983 and an

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application for leave to proceed in forma pauperis (IFP).

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October 5, 2012, the Court sent Plaintiff a notice that his IFP

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application was not complete because he had not submitted a

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Certificate of Funds (COF) in Prisoner’s Account completed and

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Also, on

signed by an authorized officer at the County Jail and he had not
attached a copy of his prisoner trust account statement showing
transactions for the last six months.

The notice included a warning

that if Plaintiff did not respond within thirty days from the date
of the notice, his action would be dismissed, the file closed and
the entire filing fee would become due immediately.
More than thirty days passed and Plaintiff did not respond

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to the notice to file a completed COF or a copy of his prisoner

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trust account statement.

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Order granting Plaintiff another twenty-one days in which to file

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these documents.

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the post office as undeliverable.

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On November 20, 2012, the Court issued an

On December 17, 2012, this mail was returned by

Because sixty days have passed since the Court’s mail to

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Plaintiff was returned as undeliverable, and the Court has received

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no written communication from Plaintiff indicating a current

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address, the case is dismissed without prejudice pursuant to Civil

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Local Rule 3-11(b).

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The Clerk shall close the file.

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IT IS SO ORDERED.

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DATED

03/12/2013
THELTON E. HENDERSON
United States District Judge

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G:\PRO-SE\TEH\CR.12\Durden 12-5193 Dis Retd Mail.wpd

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