Weaver v. Heaps

Filing 4

ORDER OF DISMISSAL. Signed by Judge Richard Seeborg on 12/3/12. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 12/3/2012)

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1 *E-Filed 12/3/12* 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 SAN FRANCISCO DIVISION 8 9 WILLIE WEAVER, Plaintiff, United States District Court For the Northern District of California 10 11 12 13 No. C 12-5615 RS (PR) ORDER OF DISMISSAL v. HEAPS, Warden, Defendant. / 14 15 This is a federal civil rights action filed pursuant to 42 U.S.C. § 1983 by a pro se state 16 prisoner. By order of the Court, plaintiff was granted 30 days (1) to file a complete 17 application to proceed in forma pauperis (“IFP”), or (2) to pay the filing fee of $350.00, or 18 face dismissal of the action. More than 30 days have passed since the order was filed, and 19 plaintiff has not filed a complete IFP application or a complaint, nor paid the filing fee. 20 Accordingly, the action is DISMISSED without prejudice. Any motion to reopen the action 21 must contain (1) a complete IFP application, or (2) payment for the entire filing fee of 22 $350.00. Plaintiff’s motion for an extension of time (Docket No. 3) is DENIED. The Clerk 23 shall terminate Docket No. 3, enter judgment in favor of defendant, and close the file. 24 25 26 IT IS SO ORDERED. DATED: December 3, 2012 RICHARD SEEBORG United States District Judge 27 28 No. C 12-5615 RS (PR) ORDER OF DISMISSAL

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