Russell v. Peterson et al

Filing 5

ORDER DISMISSING CASE. Denied as insufficient 2 and 4 . Signed by Judge Joseph C. Spero on 1/22/15. (klhS, COURT STAFF) (Filed on 1/22/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LARRY L. RUSSELL,

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Petitioner,

Case No. 14-cv-05291-JCS (PR)

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v.
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ORDER OF DISMISSAL
MARK PETERSON, et al.,

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Respondents.
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Petitioner has failed to comply with the Court’s order to (1) perfect his application

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United States District Court
Northern District of California

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to proceed in forma pauperis (“IFP”), or (2) pay the full filing fee of $5.00. His IFP

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application is incomplete because it does not contain a prison trust account statement

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showing transactions for the last six months. Accordingly, the action is DISMISSED

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without prejudice for failing to respond to the Court’s order, and for failure to prosecute,

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see Fed. R. Civ. P. 41(b).1 Because this dismissal is without prejudice, petitioner may

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move to reopen the action. Any such motion must contain (1) a prison trust account

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statement showing transactions for the last six months, or (2) full payment for the filing

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fee of $5.00. Petitioner’s IFP application (Docket Nos. 2 and 4) is DENIED as

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insufficient. The Clerk shall terminate Docket Nos. 2 and 4, enter judgment in favor of

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respondents, and close the file.

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IT IS SO ORDERED.

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Dated: January 22, 2015
_________________________
JOSEPH C. SPERO
United States Chief Magistrate Judge

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Petitioner has consented to magistrate judge jurisdiction. (Pet. at 7.) The magistrate
judge, then, has jurisdiction to decide this motion, even though respondents have not been
served or consented to magistrate judge jurisdiction. See Neals v. Norwood, 59 F.3d 530,
532 (5th Cir. 1995).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LARRY L. RUSSELL,

Case No. 14-cv-05291-JCS

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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MARK PETERSON, et al.,
Defendants.

United States District Court
Northern District of California

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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 1/22/2015, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.

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Larry L. Russell ID: AR8643
California State Prison-Solano
P.O. Box 4000
Vacaville, CA 95696-4000

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Dated: 1/22/2015

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Richard W. Wieking
Clerk, United States District Court

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By:________________________
Karen Hom, Deputy Clerk to the
Honorable JOSEPH C. SPERO

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