Fisher v. Brown
Filing
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ORDER OF DISMISSAL. The action is DISMISSED without prejudice for failing to respond to the Court's order, and for failure to prosecute. Signed by Judge William H. Orrick on 04/23/2014. (jmdS, COURT STAFF) (Filed on 4/23/2014)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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GARY FISHER,
Case No. 14-cv-01174-WHO (PR)
Petitioner,
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v.
ORDER OF DISMISSAL
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J. BROWN,
Respondent.
United States District Court
Northern District of California
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Petitioner Fisher has failed to comply with the Court’s order to perfect his
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application to proceed in forma pauperis (“IFP”), or pay the full filing fee of $5.00. The
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IFP application is deficient because Fisher has not submitted (1) the correct IFP form,
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(2) a Certificate of Funds completed and signed by an authorized prison officer, and
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(3) a prison trust account statement showing transactions for the last six months.
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Accordingly, the action is DISMISSED without prejudice for failing to respond to the
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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, Fisher may move to reopen the action. Any such motion
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must contain (1) the three documents listed above, or (2) full payment for the filing fee of
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$5.00. Fisher's IFP application (Docket No. 2) is DENIED as incomplete. The Clerk shall
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terminate Docket No. 2, enter judgment in favor of respondent, and close the file.
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IT IS SO ORDERED.
Dated: April 23, 2014
_________________________
WILLIAM H. ORRICK
United States District Judge
UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
GARY FRANCIS FISHER,
Case Number: CV14-01174 WHO
Plaintiff,
CERTIFICATE OF SERVICE
v.
J BROWN et al,
Defendant.
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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 April 23, 2014, 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.
Gary Fisher F85263
Pelican Bay State Prison B-2-105
P.O. Box 7000
Crescent City, CA 95532
Dated: April 23, 2014
Richard W. Wieking, Clerk
By: Jean Davis, Deputy Clerk
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