Scott

Filing 7

ORDER OF DISMISSAL. The action is DISMISSED without prejudice; the Clerk shall enter judgment in favor of defendant and close the file. Signed by Judge William H. Orrick on 07/31/2013. (jmdS, COURT STAFF) (Filed on 7/31/2013)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 MICHAEL SCOTT, United States District Court Northern District of California Plaintiff, Case No. 13-2719 WHO (PR) 12 v. ORDER OF DISMISSAL 13 14 15 JOHN DOE, Defendant. 16 17 18 Plaintiff has failed to comply with the Court’s order to (1) file a complete 19 application to proceed in forma pauperis (“IFP”), or (2) pay the full filing fee of $350.00. 20 Accordingly, the action is DISMISSED without prejudice for failing to respond to the 21 Court’s order, and for failure to prosecute, see Fed. R. Civ. P. 41(b). Because this 22 dismissal is without prejudice, plaintiff may move to reopen the action. Any such motion 23 must contain (1) a complete IFP application, or (2) the full filing fee of $350.00. The 24 Clerk shall enter judgment in favor of defendant, and close the file. 25 26 27 28 IT IS SO ORDERED. Dated: July 31, 2013 _________________________ WILLIAM H. ORRICK United States District Judge UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA MICHAEL SCOTT, Case Number: CV13-02719 WHO Plaintiff, CERTIFICATE OF SERVICE v. John Doe, Defendant. / 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 July 31, 2013, I SERVED a true and correct copy of the attached, by placing said copy in a postage paid envelope addressed to the person hereinafter listed, by depositing said envelope in the U.S. Mail. Michael Scott 683064 Michael Unit 2664 FM 2054 Tennessee Colony, TX 75886 Dated: July 31, 2013 Richard W. Wieking, Clerk By: Jean Davis, Deputy Clerk

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