Castillo v. Avenal State Prison et al

Filing 5

ORDER DISMISSING CASE. Signed by Judge Richard Seeborg on 10/21/13. (Attachments: # 1 Certificate/Proof of Service)(cl, COURT STAFF) (Filed on 10/21/2013)

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*E-Filed 10/21/13*

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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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CHRISTOPHER JAMES CASTILLO,

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United States District Court
For the Northern District of California

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Plaintiff,

No. C 13-4222 RS (PR)
ORDER OF DISMISSAL

v.
AVENAL STATE PRISON, and
CAPTAIN CATIEL,
Defendants.
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Plaintiff has failed to comply with the Court’s order to (1) perfect his application to

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

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application does not contain a prison trust account statement showing transactions for the last

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six months. Accordingly, the action is DISMISSED without prejudice for failing to respond

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

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

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must contain (1) a prison trust account statement showing transactions for the last six

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months, or (2) full payment for the filing fee of $350.00. His IFP application (Docket No.

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2), and his motion for the appointment of counsel (Docket No. 3), are DENIED without

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prejudice. Plaintiff may refile these motions when he moves to reopen the action. The Clerk

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shall enter judgment in favor of defendants, terminate Docket Nos. 2 and 3, and close the file.

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IT IS SO ORDERED.
DATED: October 21, 2013
RICHARD SEEBORG
United States District Judge

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No. C 13-4222 RS (PR)
ORDER OF DISMISSAL