Easter v. Spearmen

Filing 4

ORDER OF DISMISSAL. Signed by Judge William H. Orrick on 09/30/2013. (jmdS, COURT STAFF) (Filed on 9/30/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DANNY CLIFFORD EASTER,

United States District Court
Northern District of California

Petitioner,

Case No. 13-3784 WHO (PR)

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v.

ORDER OF DISMISSAL

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MARION E. SPEARMEN,
Respondent.

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Petitioner Danny Easter has failed to comply with the Court’s order to (1) file a
complete application to proceed in forma pauperis (“IFP”), or (2) pay the full filing fee of
$5.00. Accordingly, the action is DISMISSED without prejudice for failing to respond to
the Court’s order, and for failure to prosecute, see Fed. R. Civ. P. 41(b). Because this
dismissal is without prejudice, Easter may move to reopen the action. Any such motion
must contain (1) a complete IFP application, or (2) full payment for the filing fee of $5.00.
The Clerk shall enter judgment in favor of respondent, and close the file.
IT IS SO ORDERED.
Dated: September 30, 2013
_________________________
WILLIAM H. ORRICK
United States District Judge

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

DANIEL EASTER,

Case Number: CV13-03784 WHO

Plaintiff,

CERTIFICATE OF SERVICE

v.
MARION E SPEARMAN 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 September 30, 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.

Danny Clifford Easter AK-1133
CTF-North State Prison
P.O. Box 705
Soledad, CA 93960-0705

Dated: September 30, 2013
Richard W. Wieking, Clerk
By: Jean Davis, Deputy Clerk