Ortiz v. State of California et al

Filing 7

ORDER OF DISMISSAL. Signed by Magistrate Judge Jacqueline Scott Corley on 7/15/2016. (ahm, COURT STAFF) (Filed on 7/15/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ELIGIO RUIZ ORTIZ,

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Plaintiff,

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ORDER OF DISMISSAL

v.

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United States District Court
Northern District of California

Case No. 16-cv-02971-JSC

Re: Dkt. No. 4
STATE OF CALIFORNIA, et al.,

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Defendants.

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On June 2, 2016, Plaintiff, a California prisoner proceeding pro se, filed this civil rights

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complaint under 42 U.S.C. § 1983.1 Plaintiff also filed an application to proceed in forma

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pauperis (“IFP”), but it was incomplete in that it did not include a trust account statement or a

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certificate of funds. On the same day the complaint and IFP application were filed, the Clerk

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notified Plaintiff that he had not paid the filing fee and that the IFP application he submitted was

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incomplete because of the missing trust account statement and certificate of funds. The Clerk

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mailed to Plaintiff the Court's IFP application along with the deficiency notice, as well as a

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stamped return envelope and instructions for completing the IFP application including the

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requisite trust account statement and certificate of funds completed and signed by a prison official.

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The deficiency notice also informed Plaintiff that the case would be dismissed if he did not either

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pay the filing fee or complete his IFP application within 28 days.
More than 28 days have passed since the deficiency notice was sent to Plaintiff and no

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Petitioner has consented to the jurisdiction of a United States Magistrate Judge pursuant to 28
U.S.C. § 636(c). (ECF No.1 at 4.)

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response has been received. He has not paid the filing fee, filed a complete IFP application,

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shown cause why not, or requested and shown good cause for an extension of time. Accordingly,

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the incomplete IFP application (ECF No. 4) is DENIED, and this case is DISMISSED without

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prejudice to filing his complaint in a new action in which he either pays the filing fee or submits a

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complete IFP application.

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The Clerk shall enter judgment and close the file.

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IT IS SO ORDERED.

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Dated: July 15, 2016

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JACQUELINE SCOTT CORLEY
United States Magistrate Judge

United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ELIGIO RUIZ ORTIZ,

Case No. 16-cv-02971-JSC

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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STATE OF CALIFORNIA, et al.,
Defendants.

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 July 15, 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.

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Brandon Favor ID: G-60488
California Correctional Institution
24900 Highway 202
Tehachapi, CA 93561

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Eligio Ruiz Ortiz ID: T23211
California Correctional Insitution
P.O. Box 1031
Facility A, Bldg 1, Bed 107
Tehachapi, CA 93581

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Dated: July 15, 2016

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
Ada Means, Deputy Clerk to the
Honorable JACQUELINE SCOTT CORLEY

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United States District Court
Northern District of California

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