Rodriguez v. Javate

Filing 8

ORDER OF DISMISSAL. Signed by Judge Charles R. Breyer on 2/25/2013. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 2/27/2013)

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1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 JUAN RODRIGUEZ, AH4074, 7 8 9 10 11 12 ) ) Plaintiff, ) ) v. ) ) ) ROSANA LIM JAVATE, ) ) Defendant(s). ______________________________ ) No. C 13-0092 CRB (PR) ORDER OF DISMISSAL (Docket # 2) This civil action by a prisoner was transferred to this court on January 10, 13 2013. The court notified plaintiff in writing on that date that the action was 14 deficient because plaintiff did not pay the requisite $350.00 filing fee or, instead, 15 submit a signed and completed court-approved in forma pauperis application, 16 including a completed certificate of funds in the prisoner's account and a copy of 17 the prisoner's trust account statement for the last six months. See 28 U.S.C. ยง 18 1915(a)(2). Plaintiff was advised that failure to file the requested items within 30 19 days would result in dismissal of the action. 20 More than 40 days have elapsed; however, plaintiff has not provided the 21 court with the requisite items or sought an extension of time to do so. Plaintiff's 22 incomplete in forma pauperis application is DENIED and the action is 23 DISMISSED without prejudice. 24 The clerk shall close the file and terminate all pending motions as moot. 25 SO ORDERED. 26 DATED: Feb. 25, 2013 27 28 _________________________ CHARLES R. BREYER United States District Judge G:\PRO-SE\CRB\CR.13\Rodriguez, J.13-0092.dsifp.wpd

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