LaFlamme v. Cate et al

Filing 6

ORDER DISMISSING CASE. Signed by Judge Richard Seeborg on 6/23/14. (Attachments: # 1 Certificate/Proof of Service)(cl, COURT STAFF) (Filed on 6/23/2014)

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1 *E-Filed 6/23/14* 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN FRANCISCO DIVISION 7 8 DONALD R. LAFLAMME, 9 United States District Court For the Northern District of California 10 No. C 14-2208 RS (PR) Petitioner, ORDER OF DISMISSAL v. 11 MATTHEW L. CATE, and 12 LIZARRAGA, Warden, 13 Respondents. / 14 15 Petitioner has failed to comply with the Court’s order to (1) perfect his application to 16 proceed in forma pauperis (“IFP”), or (2) pay the filing fee of $5.00. His IFP application 17 lacks a certificate of funds signed by an authorized prison officer and a prison trust account 18 statement showing transactions for the last six months. Accordingly, the action is 19 DISMISSED without prejudice for failure to respond to the Court’s order and for failure to 20 prosecute under Federal Rule of Civil Procedure 41(b). Because this dismissal is without 21 prejudice, petitioner may move to reopen the action. Any motion to reopen must contain 22 (1) the two documents listed above, or (2) full payment for the filing fee. Petitioner’s IFP 23 application (Docket No. 4) is DENIED without prejudice. The Clerk shall enter judgment in 24 favor of respondents, terminate Docket No. 4, and close the file. 25 26 27 IT IS SO ORDERED. DATED: June 23, 2014 RICHARD SEEBORG United States District Judge 28 No. C 14-2208 RS (PR) ORDER OF DISMISSAL

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