McCarther v. Daly

Filing 4

ORDER DISMISSING CASE. Signed by Judge William Alsup on 12/20/12. (Attachments: # 1 Certificate/Proof of Service)(dt, COURT STAFF) (Filed on 12/21/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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No. C 12-5700 WHA (PR)

MARCEL MCCARTHER,

ORDER OF DISMISSAL

Plaintiff.

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For the Northern District of California

United States District Court

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v.

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S. DALY,

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Defendant.
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On November 6, 2012, plaintiff, a county jail inmate, filed a complaint under 42 U.S.C.

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1983. That day, the clerk notified plaintiff that he had neither paid the filing fee nor filed an

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application to proceed in forma pauperis (“IFP”). Along with the notice, the clerk mailed to

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plaintiff the court’s IFP forms, instructions for completing the forms, and a stamped return

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envelope. In the notice, plaintiff was informed that the case would be dismissed if he did not

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pay the fee or file a completed IFP application within thirty days. More than thirty days have

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passed and plaintiff has neither filed an IFP application or paid the filing fee. He has instead

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written a letter stating that, he wants the case to be dismissed. Accordingly, this case is

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DISMISSED without prejudice.

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The Clerk shall enter judgment and close the file.

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IT IS SO ORDERED.

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Dated: December

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, 2012.

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G:\PRO-SE\WHA\CR.12\MCCARTHER5700.DFP.wpd

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE