Kirkpatrick v. Chappell

Filing 11

ORDER OF DISMISSAL. Signed by Judge Jon S. Tigar on April 4, 2013. (Attachments: # 1 Certificate/Proof of Service)(wsn, COURT STAFF) (Filed on 4/5/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WILLIAM KIRKPATRICK, JR.,

Case No. 12-6398 JST (PR)

Plaintiff,
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v.
ORDER OF DISMISSAL

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KEVIN CHAPPELL,
Defendant.

United States District Court
Northern District of California

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On December 18, 2012, plaintiff, a pro se state prisoner, filed this federal civil rights action

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under 42 U.S.C. § 1983. On the same day the action was filed, plaintiff was ordered to file a

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

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30 days, or face dismissal of the action.

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On January 22, 2013, plaintiff filed his IFP application. The IFP application was deficient,

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however, because the Certificate of Funds in Prisoner’s Account was obviously completed by

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plaintiff and not by an authorized prison official. Furthermore, plaintiff failed to attach a copy of

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his prisoner trust account statement showing transactions for the last six months.

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More than 30 days have passed and plaintiff has not filed a complete IFP application or

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paid the filing fee. Accordingly, the action is DISMISSED without prejudice. Plaintiff’s motion

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to proceed IFP (Docket No. 5) is DENIED as insufficient.

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The Clerk shall terminate Docket No. 5 and close the file.

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IT IS SO ORDERED.

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Dated: April 4, 2013

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______________________________
Jon S. Tigar
United States District Judge