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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*E-Filed 12/3/12*

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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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WILLIE WEAVER,
Plaintiff,

United States District Court
For the Northern District of California

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No. C 12-5615 RS (PR)
ORDER OF DISMISSAL

v.
HEAPS, Warden,
Defendant.
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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 or a complaint, nor paid the filing fee.

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Accordingly, the action is DISMISSED without prejudice. Any motion to reopen the action

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must contain (1) a complete IFP application, or (2) payment for the entire filing fee of

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$350.00. Plaintiff’s motion for an extension of time (Docket No. 3) is DENIED. The Clerk

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shall terminate Docket No. 3, enter judgment in favor of defendant, and close the file.

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IT IS SO ORDERED.
DATED: December 3, 2012
RICHARD SEEBORG
United States District Judge

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No. C 12-5615 RS (PR)
ORDER OF DISMISSAL