Meyers v. Department of Corrections and Rehabilitation et al
Filing
11
ORDER REOPENING CASE; ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS; ORDER DIRECTING PLAINTIFF TO PAY FULL FILING FEE. Signed by Judge Richard Seeborg on 9/2/14. (Attachments: # 1 Certificate/Proof of Service)(cl, COURT STAFF) (Filed on 9/2/2014)
1
2
3
*E-Filed 9/2/14*
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
United States District Court
For the Northern District of California
10
SAN FRANCISCO DIVISION
11
12
LEON L. MEYERS,
13
14
15
No. C 14-3123 RS (PR)
Plaintiff,
ORDER REOPENING ACTION;
v.
16
DEPARTMENT OF CORRECTIONS
AND REHABILITATION, et al.,
17
Defendants.
ORDER DENYING APPLICATION
TO PROCEED IN FORMA
PAUPERIS;
ORDER DIRECTING PLAINTIFF TO
PAY FULL FILING FEE
/
18
19
This federal civil rights action was dismissed because plaintiff failed to perfect his
20
application to proceed in forma pauperis (“IFP”) or pay the full filing fee of $400.00.
21
Plaintiff since has perfected his IFP application (Docket No. 9) and filed a motion to reopen
22
(Docket No. 10). The action is hereby REOPENED, and the Clerk is directed to modify the
23
docket accordingly. The judgment (Docket No. 8) and the order of dismissal (Docket No. 7)
24
are VACATED.
25
Plaintiff’s application to proceed in forma pauperis (Docket No. 10) is DENIED.
26
His Certificate of Funds and prison trust account statement show that he is able to afford the
27
$400.00 filing fee for this civil rights action. More specifically, the Certificate of Funds
28
No. C 14-3123 RS (PR)
ORDER REOPENING ACTION
1
shows that the average deposits to plaintiff’s account for the six months preceding the filing
2
of the application were $0.00, and the average balance in his account for the same time
3
period was $7,744.29. His account balance is $8,625.17, as of August 2014.
4
Plaintiff shall pay the $400.00 filing fee in this matter by submitting such payment to
5
the Clerk of the Court on or before October 15, 2014. Plaintiff’s failure to do so will result in
6
the dismissal of this action for failure to prosecute under Federal Rule of Civil Procedure
7
41(b), and without further notice to petitioner. This order terminates Docket Nos. 9 and 10.
8
9
IT IS SO ORDERED.
DATED: September 2, 2014
RICHARD SEEBORG
United States District Judge
United States District Court
For the Northern District of California
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
No. C 14-3123 RS (PR)
ORDER REOPENING ACTION
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?