Fisher v. Brown

Filing 4

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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 GARY FISHER, Case No. 14-cv-01174-WHO (PR) Petitioner, 8 v. ORDER OF DISMISSAL 9 10 J. BROWN, Respondent. United States District Court Northern District of California 11 12 13 Petitioner Fisher has failed to comply with the Court’s order to perfect his 14 application to proceed in forma pauperis (“IFP”), or pay the full filing fee of $5.00. The 15 IFP application is deficient because Fisher has not submitted (1) the correct IFP form, 16 (2) a Certificate of Funds completed and signed by an authorized prison officer, and 17 (3) a prison trust account statement showing transactions for the last six months. 18 Accordingly, the action is DISMISSED without prejudice for failing to respond to the 19 Court’s order, and for failure to prosecute, see Fed. R. Civ. P. 41(b). Because this 20 dismissal is without prejudice, Fisher may move to reopen the action. Any such motion 21 must contain (1) the three documents listed above, or (2) full payment for the filing fee of 22 $5.00. Fisher's IFP application (Docket No. 2) is DENIED as incomplete. The Clerk shall 23 terminate Docket No. 2, enter judgment in favor of respondent, and close the file. 24 25 26 27 28 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. / 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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