Weaver v. Heaps

Filing 3

ORDER OF DISMISSAL WITHOUT PREJUDICE. Signed by Judge Vince Chhabria on 10/26/2015. (knm, COURT STAFF) (Filed on 10/26/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WILLIE WEAVER,

Case No. 15-cv-04007-VC (PR)

Plaintiff,
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v.

ORDER OF DISMISSAL WITHOUT
PREJUDICE

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HEAPS, Warden,
Defendant.

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United States District Court
Northern District of California

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On September 2, 2015, Willie Weaver, a prisoner at Corcoran State prison, filed a civil

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rights complaint under 42 U.S.C. § 1983 against employees of Pelican Bay State Prison, where he

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was previously incarcerated. On the same day, the Clerk of the Court sent Weaver a notice that he

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had not submitted an application to proceed in forma pauperis (“IFP”). See Doc. No. 2. The

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Clerk included a copy of the Court’s current IFP application and a return envelope, and directed

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Weaver to either pay the filing fee or file the completed IFP application within twenty-eight days

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of the notice to avoid dismissal of the action. Doc. No. 2.

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More than twenty-eight days have passed and Weaver has not submitted a completed IFP
application or otherwise communicated with the Court.
Therefore, it is ordered that this action is DISMISSED WITHOUT PREJUDICE. The
Clerk shall terminate all pending motions, and close the file.
IT IS SO ORDERED.
Dated: October 26, 2015
______________________________________
VINCE CHHABRIA
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WILLIE WEAVER,

Case No. 15-cv-04007-VC

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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HEAPS,
Defendant.

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 October 26, 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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Willie Weaver ID: J-91389
3A01-138
Corcoran State Prison
PO Box 8800
Corcoran, CA 93212
Dated: October 26, 2015

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
Kristen Melen, Deputy Clerk to the
Honorable VINCE CHHABRIA
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