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)

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*E-Filed 9/2/14*

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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SAN FRANCISCO DIVISION

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LEON L. MEYERS,

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No. C 14-3123 RS (PR)

Plaintiff,

ORDER REOPENING ACTION;

v.

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DEPARTMENT OF CORRECTIONS
AND REHABILITATION, et al.,

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Defendants.

ORDER DENYING APPLICATION
TO PROCEED IN FORMA
PAUPERIS;
ORDER DIRECTING PLAINTIFF TO
PAY FULL FILING FEE

/

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This federal civil rights action was dismissed because plaintiff failed to perfect his

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application to proceed in forma pauperis (“IFP”) or pay the full filing fee of $400.00.

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Plaintiff since has perfected his IFP application (Docket No. 9) and filed a motion to reopen

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(Docket No. 10). The action is hereby REOPENED, and the Clerk is directed to modify the

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docket accordingly. The judgment (Docket No. 8) and the order of dismissal (Docket No. 7)

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are VACATED.

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Plaintiff’s application to proceed in forma pauperis (Docket No. 10) is DENIED.

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His Certificate of Funds and prison trust account statement show that he is able to afford the

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$400.00 filing fee for this civil rights action. More specifically, the Certificate of Funds

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No. C 14-3123 RS (PR)
ORDER REOPENING ACTION

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shows that the average deposits to plaintiff’s account for the six months preceding the filing

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of the application were $0.00, and the average balance in his account for the same time

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period was $7,744.29. His account balance is $8,625.17, as of August 2014.

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Plaintiff shall pay the $400.00 filing fee in this matter by submitting such payment to

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the Clerk of the Court on or before October 15, 2014. Plaintiff’s failure to do so will result in

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the dismissal of this action for failure to prosecute under Federal Rule of Civil Procedure

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41(b), and without further notice to petitioner. This order terminates Docket Nos. 9 and 10.

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IT IS SO ORDERED.
DATED: September 2, 2014
RICHARD SEEBORG
United States District Judge

United States District Court
For the Northern District of California

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No. C 14-3123 RS (PR)
ORDER REOPENING ACTION