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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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.

/

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