Whitfield v. Swarthout

Filing 3

ORDER OF DISMISSAL. Signed by Judge Richard Seeborg on 8/15/13. (Attachments: # 1 Certificate/Proof of Service)(cl, COURT STAFF) (Filed on 8/15/2013)

1
2

*E-Filed 8/15/13*

3
4
5
6
7

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
United States District Court
For the Northern District of California

8

SAN FRANCISCO DIVISION

11
12

15
16

ORDER OF DISMISSAL

Petitioner,

13
14

No. C 13-3267 RS (PR)

TERRELL WHITFIELD,

v.
GARY SWARTHOUT, Warden,
Respondent.
/

17
18

Petitioner has failed to comply with the Court’s order either to (1) pay the filing fee of

19

$5.00, or (2) file a complete application to proceed in forma pauperis (“IFP”). Accordingly,

20

the action is DISMISSED without prejudice for failure to comply with the Court’s order and

21

under Federal Rule of Civil Procedure 41(b) for failure to prosecute. Because this dismissal

22

is without prejudice, petitioner may move to reopen the action. Any motion to reopen must

23

contain either (1) full payment for the $5.00 filing fee, or (2) a complete IFP application.

24

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

25
26
27

IT IS SO ORDERED.
DATED: August 15, 2013
RICHARD SEEBORG
United States District Judge

28
No. C 13-3267 RS (PR)
ORDER OF DISMISSAL