Rodriguez

Filing 7

ORDER OF DISMISSAL. The action is DISMISSED without prejudice for failing to respond to the Courts order, and for failure to prosecute. Signed by Judge William H. Orrick on 01/16/2014. (jmdS, COURT STAFF) (Filed on 1/16/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOSE ANTONIO RODRIGUEZ,

Case No. 13-cv-05504-WHO (PR)

Plaintiff,
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United States District Court
Northern District of California

v.

ORDER OF DISMISSAL

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JOHN DOE,
Defendant.

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Plaintiff has failed to comply with the Court’s order to (1) file a complete

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

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He has also failed to file a complaint. Accordingly, the action is DISMISSED without

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prejudice for failing to respond to the Court’s order, and for failure to prosecute, see Fed.

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R. Civ. P. 41(b). Because this dismissal is without prejudice, plaintiff may move to reopen

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the action. Any such motion must contain (1) a complete IFP application, or full payment

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for the $350.00 filing fee, and (2) a complaint. The Clerk shall enter judgment in favor of

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defendant, and close the file.

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IT IS SO ORDERED.
Dated: January 16, 2014
_________________________
WILLIAM H. ORRICK
United States District Judge

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

JOSE ANTONIO RODRIGUEZ,

Case Number: CV13-05504 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 January 16, 2014, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

Jose Antonio Rodriguez G-45158
Terminal Annex - Cell #13
P.O. Box 86164
Los Angeles, CA 90076-0164

Dated: January 16, 2014
Richard W. Wieking, Clerk
By: Jean Davis, Deputy Clerk