Matthew Timothy Alexander v. Warden

Filing 11

ORDER OF DISMISSAL. Signed by Judge Jon S. Tigar on July 5, 2016. (Attachments: # 1 Certificate/Proof of Service)(wsn, COURT STAFF) (Filed on 7/5/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MATTHEW TIMOTHY ALEXANDER, Case No. 16-cv-02685-JST (PR) Petitioner, 8 v. ORDER OF DISMISSAL 9 10 WARDEN, Respondent. United States District Court Northern District of California 11 12 13 In a notice dated May 18, 2016, the Clerk of the Court directed Petitioner to complete an in 14 forma pauperis (IFP) application, or pay the filing fee of $5.00, within 28 days, or face dismissal 15 of the action. More than 28 days have passed and Petitioner has not filed a complete IFP 16 application or paid the filing fee. 17 The Court notes that Petitioner is housed at Coalinga State Hospital. There is insufficient 18 information in the record to determine the reason for Petitioner’s custody at Coalinga for the Court 19 to determine whether he is exempt from the Prison Litigation Reform Act as a non-prisoner. 20 However, regardless whether a petitioner is a prisoner or a non-prisoner, the court needs accurate 21 information about his financial wherewithal to decide whether pauper status is appropriate. 22 23 Accordingly, the action is DISMISSED without prejudice. Any motion to reopen the action must contain a complete IFP application or full payment of the $5.00 filing fee. 24 The Clerk shall close the file. 25 IT IS SO ORDERED. 26 27 28 Dated: July 5, 2016 ______________________________________ JON S. TIGAR United States District Judge

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