Harrell

Filing 7

ORDER OF DISMISSAL. Signed by Judge William H. Orrick on 10/21/2013. (jmdS, COURT STAFF) (Filed on 10/21/2013)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 RICKY HARRELL, United States District Court Northern District of California Plaintiff, Case No. 13-4018 WHO (PR) 12 v. ORDER OF DISMISSAL 13 14 15 JOHN DOE, Defendant. 16 17 Plaintiff has failed to comply with the Court’s order to (1) file a complete 18 application to proceed in forma pauperis (“IFP”), or (2) pay the full filing fee of $350.00. 19 Accordingly, the action is DISMISSED without prejudice for failing to respond to the 20 Court’s order, and for failure to prosecute, see Fed. R. Civ. P. 41(b). Because this 21 dismissal is without prejudice, plaintiff may move to reopen the action. Any such motion 22 must contain (1) a complete IFP application, or (2) the full filing fee of $350.00. The 23 Clerk shall enter judgment in favor of defendant, and close the file. 24 25 26 27 28 IT IS SO ORDERED. Dated: October 21, 2013 _________________________ WILLIAM H. ORRICK United States District Judge UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA RICKY HARRELL, Case Number: CV13-04018 WHO Plaintiff, CERTIFICATE OF SERVICE v. JOHN DOE, 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 October 21, 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. Ricky Harrell T23655 480 Alta Road San Diego, CA 92179 Dated: October 21, 2013 Richard W. Wieking, Clerk By: Jean Davis, Deputy Clerk

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