Filing 7

ORDER OF DISMISSAL. Signed by Magistrate Judge Jacqueline Scott Corley on 2/3/2014. (Attachments: # 1 Certificate of Service)(ahm, COURT STAFF) (Filed on 2/3/2014)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 Northern District of California United States District Court 11 12 HARRIS WYATT, Plaintiff, 13 Case No.: C 13-5361 JSC (PR) ORDER OF DISMISSAL v. 14 15 16 SANTA RITA COUNTY JAIL, (Dkt. 6) Defendant. 17 18 19 20 21 22 On November 19, 2013, Plaintiff, a California prisoner, filed this civil rights action under 42 U.S.C. ' 1983. 1 On the same day, the Clerk notified Plaintiff that he had neither paid the filing fee nor completed an application to proceed in forma pauperis (“IFP”). The notice further informed him that the case would be dismissed if he did not either pay the filing 23 fee or file a completed IFP application within thirty days. Along with the notice, the Clerk 24 mailed to Plaintiff the Court's IFP form, instructions for completing the form, and a stamped 25 return envelope. The instructions informed him that in order to complete the IFP application 26 he must submit the attached certificate of funds completed and signed by a prison officials and 27 28 1 Plaintiff has consented to the jurisdiction of a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). (Dkt. No. 3.) 1 a statement from his trust account showing transactions for the previous six months. Plaintiff 2 submitted an IFP form but he did not include the required trust account statement or certificate 3 of funds completed and signed by a prison official. He has not explained why he did not 4 submit these items, nor has he asked for more time to do so. Plaintiff has not paid the filing 5 fee or completed an IFP application and the deadline for doing so has passed. 6 7 8 9 Accordingly, this case is DISMISSED without prejudice to Plaintiff filing the complaint in a new action in which he either pays the filing fee or submits a complete IFP application, including the required certificate of funds and trust account statement. The incomplete IFP application (dkt. no. 6) is DENIED and no fee is due. 10 Northern District of California United States District Court 11 12 The Clerk shall enter judgment and close the file. IT IS SO ORDERED. 13 14 Dated: February 3, 2014 _________________________________ JACQUELINE SCOTT CORLEY UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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