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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MATTHEW TIMOTHY ALEXANDER,

Case No. 16-cv-02685-JST (PR)

Petitioner,
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v.

ORDER OF DISMISSAL

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WARDEN,
Respondent.

United States District Court
Northern District of California

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In a notice dated May 18, 2016, the Clerk of the Court directed Petitioner to complete an in

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forma pauperis (IFP) application, or pay the filing fee of $5.00, within 28 days, or face dismissal

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of the action. More than 28 days have passed and Petitioner has not filed a complete IFP

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application or paid the filing fee.

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The Court notes that Petitioner is housed at Coalinga State Hospital. There is insufficient

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information in the record to determine the reason for Petitioner’s custody at Coalinga for the Court

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to determine whether he is exempt from the Prison Litigation Reform Act as a non-prisoner.

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However, regardless whether a petitioner is a prisoner or a non-prisoner, the court needs accurate

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information about his financial wherewithal to decide whether pauper status is appropriate.

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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.

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The Clerk shall close the file.

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IT IS SO ORDERED.

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Dated: July 5, 2016
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JON S. TIGAR
United States District Judge