Evans v. District Attorney of Contra Costa County et al

Filing 3

ORDER DISMISSING CASE. Signed by Chief Magistrate Judge Joseph C. Spero on 2/20/15. (klhS, COURT STAFF) (Filed on 2/20/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BURL EVANS,

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Plaintiff,

Case No. 14-cv-05681-JCS (PR)

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v.

ORDER OF DISMISSAL

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DISTRICT ATTORNEY OF CONTRA
COSTA COUNTY, et al.,

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United States District Court
Northern District of California

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Defendants.

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

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proceed in forma pauperis (“IFP”), or (2) pay the full filing fee of $400.00. Accordingly,

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the action is DISMISSED without prejudice for failing to respond to the Court’s order, and

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for failure to prosecute, see Fed. R. Civ. P. 41(b).1 Because this dismissal is without

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prejudice, plaintiff may move to reopen the action. Any such motion must contain (1) a

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complete IFP application, or (2) full payment for the filing fee of $400.00.

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The Clerk shall enter judgment in favor of defendants, and close the file.

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IT IS SO ORDERED.

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Dated: February 20, 2015
_________________________
JOSEPH C. SPERO
Chief United States Magistrate Judge

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Plaintiff has consented to magistrate judge jurisdiction. (Compl. at 4.) The magistrate
judge, then, has jurisdiction to decide this motion, even though defendants 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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BURL EVANS,

Case No. 14-cv-05681-JCS

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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United States District Court
Northern District of California

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DISTRICT ATTORNEY OF CONTRA
COSTA COUNTY, et al.,
Defendants.
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 2/20/2015, 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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Burl Evans ID: C113#J287-Q15
Martinez Detention Facility
901 Court Street
Maritnez, CA 94553

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Dated: 2/20/2015

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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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