Weaver v. Heaps

Filing 4

ORDER OF DISMISSAL. Signed by Judge Richard Seeborg on 8/12/13. (Attachments: # 1 Certificate/Proof of Service)(cl, COURT STAFF) (Filed on 8/12/2013)

Weaver v. Heaps

Doc. 4

1
2

*E-Filed 8/12/13*

3
4
5
6

UNITED STATES DISTRICT COURT

7

NORTHERN DISTRICT OF CALIFORNIA

8

SAN FRANCISCO DIVISION

9
United States District Court
For the Northern District of California

10

WILLIE WEAVER,
Plaintiff,

11
12
13
14

No. C 13-3261 RS (PR)
ORDER OF DISMISSAL

v.
HEAPS, Warden,
Defendant.
/

15
16

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

17

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

18

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

19

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

20

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

21

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

22

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

23

IFP application (Docket No. 3) is DENIED without prejudice. The Clerk shall enter

24

judgment in favor of defendant, terminate Docket No. 3, and close the file.

25
26
27

IT IS SO ORDERED.
DATED: August 12, 2013
RICHARD SEEBORG
United States District Judge

28
No. C 13-3261 RS (PR)
ORDER OF DISMISSAL

Dockets.Justia.com