Way v. Attorney General

Filing 9

ORDER DISMISSING CASE. Signed by Chief Magistrate Judge Joseph C. Spero on 5/13/16. (klhS, COURT STAFF) (Filed on 5/13/2016)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

JASON ROBERT WAY,

11
United States District Court
Northern District of California

Petitioner,

Case No. 16-cv-01467-JCS (PR)

12

v.

ORDER OF DISMISSAL

13

ATTORNEY GENERAL,

14

Respondent.
15

Dkt. No. 7

16

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

17
18

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

19

application is incomplete because it does not contain a Certificate of Funds. Petitioner has

20

also failed to file a petition using this Court’s form. Accordingly, the action is

21

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

22

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

23
24

action. Any such motion must contain (1) a Certificate of Funds or full payment for the

25
26
27
28

1

Petitioner has consented to magistrate judge jurisdiction. (Docket No. 5.) The magistrate
judge, then, has jurisdiction to decide this motion, even though respondent has not been
served or consented to magistrate judge jurisdiction. See Neals v. Norwood, 59 F.3d 530,
532 (5th Cir. 1995)

1

filing fee of $5.00; and (2) a petition using this Court’s form.

2

Petitioner’s IFP application (Docket No. 7) is DENIED as insufficient.

3

The Clerk shall terminate Docket No. 7, enter judgment in favor of respondent, and

4
5
6

close the file.
IT IS SO ORDERED.
Dated: May 13, 2016
_________________________
JOSEPH C. SPERO
Chief Magistrate Judge

7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

JASON ROBERT WAY,

Case No. 16-cv-01467-JCS

Plaintiff,
8
v.

CERTIFICATE OF SERVICE

9
10

ATTORNEY GENERAL,
Defendant.

United States District Court
Northern District of California

11
12
13
14
15

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 May 13, 2016, 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.

16
17
18
19

Jason Robert Way ID: ID: AV4669
High Rock Conservation Camp #32
P.O. Box 296
Weott, CA 95571

20
21

Dated: May 13, 2016

22
23

Susan Y. Soong
Clerk, United States District Court

24
25
26

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

27
28
3