v. Grimes et al

Filing 5

ORDER OF DISMISSAL. Signed by Judge Jeffrey S. White on 5/1/13. (jjoS, COURT STAFF) (Filed on 5/1/2013)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 JEROME L. GRIMES, 11 12 13 14 15 ) ) Plaintiff, ) ) v. ) ) ) DR. FRISHMAN, ) ) Defendants. _________________________________ ) No. C 13-1010 JSW (PR) ORDER OF DISMISSAL (Docket Nos. 3 and 4) 16 On March 6, 2013, Plaintiff, a California prisoner proceeding pro se, filed civil 17 action in this Court. On the same day, the Clerk notified Plaintiff that he had neither 18 paid the filing fee nor filed an application to proceed in forma pauperis (“IFP”). Along 19 with the notice, the Clerk mailed to Plaintiff the Court’s IFP forms, instructions for 20 completing the forms, and a stamped return envelope. In the notice, Plaintiff was 21 informed that the case would be dismissed if he did not either pay the filing fee or 22 complete his IFP application, including a statement from his inmate trust account and 23 certificate of funds signed by an authorized jail official, within thirty days. Plaintiff 24 submitted two IFP applications that did not include the trust account statement or a 25 signed and completed certificate of funds form. No further communication from Plaintiff 26 has been received. As more than thirty days have passed and Plaintiff has neither paid 27 the filing fee, submitted a complete IFP application nor shown cause for his failure to do 28 1 so, this case is DISMISSED without prejudice. The incomplete IFP applications (docket 2 3 and 4) are DENIED and no fee is due. 3 The Clerk shall enter judgment and close the file. 4 IT IS SO ORDERED. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: May 1, 2013 JEFFREY S. WHITE United States District Judge 1 UNITED STATES DISTRICT COURT 2 FOR THE 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 JEROME L GRIMES et al, Case Number: CV13-01010 JSW 6 Plaintiff, CERTIFICATE OF SERVICE 7 v. 8 FRISHMAN et al, 9 Defendant. 10 11 12 13 14 / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on May 1, 2013, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 15 16 19 Jerome L. Grimes Napa State Hospital #206586-0/ Unit Q-1 & 2 2100 Napa Vallejo Highway Napa, CA 94558 20 Dated: May 1, 2013 17 18 21 22 23 24 25 26 27 28 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk

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