Rickleffs v. Velasquez et al

Filing 8

ORDER OF DISMISSAL. Signed by Judge Richard Seeborg on 8/6/13. (Attachments: # 1 Certificate/Proof of Service)(cl, 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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SAN FRANCISCO DIVISION

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No. C 13-2953 RS (PR)

JAMES EDWARDS RICKLEFFS,

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United States District Court
For the Northern District of California

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Plaintiff,

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ORDER OF DISMISSAL

v.
VELASQUEZ and E. JAMES,
Defendants.
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Plaintiff has failed to comply with the Court’s order to (1) file a complete application

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

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application is deficient because he did not file a certificate of funds signed by an authorized

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prison officer. Accordingly, the action is DISMISSED without prejudice for failing to

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

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

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motion must contain a certificate of funds signed by an authorized prison officer. Plaintiff’s

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IFP application (Docket No. 2) is DENIED without prejudice. The Clerk shall enter

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judgment in favor of defendants, terminate Docket No. 2, and close the file.

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IT IS SO ORDERED.
DATED: August 6, 2013
RICHARD SEEBORG
United States District Judge

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No. C 13-2953 RS (PR)
ORDER OF DISMISSAL