Fisher v. Director of OPS of CDCR

Filing 8

ORDER OF DISMISSAL. The action is DISMISSED wihout prejudice for failing to respond to the Court's order, and for failure to prosecute. Signed by Judge William H. Orrick on August 6, 2013. (jmdS, COURT STAFF) (Filed on 8/6/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GARY FRANCIS FISHER,
aka GARY DALE BARGER,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 13-2842 WHO (PR)
ORDER OF DISMISSAL

v.
ROBERT S. MUELLER, and
DAVID M. HARDY,
Defendants.

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Plaintiff has failed to comply with the Court’s order to (1) file a complete

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application to proceed in forma pauperis (“IFP”), or (2) pay the full filing fee of $350.00.

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Accordingly, the action is DISMISSED without prejudice for failing to respond to the

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Court’s order, and for failure to prosecute, see Fed. R. Civ. P. 41(b). Because this

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dismissal is without prejudice, plaintiff may move to reopen the action. Any such motion

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must contain (1) a complete IFP application, or (2) the full filing fee of $350.00. The

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Clerk shall enter judgment in favor of defendants, and close the file.

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IT IS SO ORDERED.
Dated: August 6, 2013
_________________________
WILLIAM H. ORRICK
United States District Judge

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

GARY FISHER,

Case Number: CV13-02842 WHO

Plaintiff,

CERTIFICATE OF SERVICE

v.
ROBERT S MUELLAR et al,
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 August 6, 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.

Gary Francis Fisher F85263
Pelican Bay State Prison
P.O. Box 7500
Crescent City, CA 95532

Dated: August 6, 2013
Richard W. Wieking, Clerk
By: Jean Davis, Deputy Clerk