Johnson v. Hatton et al

Filing 8

ORDER DISMISSING CASE. Signed by Judge James Donato on 8/30/16. (lrcS, COURT STAFF) (Filed on 8/30/2016)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
DERRICK L. JOHNSON,

7

Plaintiff,

8

ORDER OF DISMISSAL

v.

9

Re: Dkt. Nos. 5, 7
SHAWN HATTON, et al.,

10

Defendants.

11
United States District Court
Northern District of California

Case No. 16-cv-03364-JD

12
Plaintiff, a state prisoner, has filed a civil rights action. Plaintiff was sent a notice that he

13
14

had not paid the filing fee or applied for leave to proceed in forma pauperis (“IFP”). He was

15

allowed twenty-eight days to either pay the fee or file a proper application. More than twenty-

16

eight days has passed and plaintiff has not paid the fee or filed an application to proceed IFP.

17

Therefore, this case is DISMISSED without prejudice. No fee is due. Plaintiff’s motions for a

18

temporary restraining order 1 (Docket No. 5) and service (Docket No. 7) are DENIED.

19
IT IS SO ORDERED.

20
21

Dated: August 30, 2016

22
23
JAMES DONATO
United States District Judge

24
25
26
1

27
28

In his motion for a temporary restraining order, plaintiff seeks to be released from prison and that
the Superior Court of Los Angeles County and a Superior Court Judge be prohibited from
overseeing a prosecution against him. These requests are meritless. If plaintiff wishes to
challenge his conviction he must file a habeas petition.

1

UNITED STATES DISTRICT COURT

2

NORTHERN DISTRICT OF CALIFORNIA

3
4

DERRICK L. JOHNSON,

Case No. 16-cv-03364-JD

Plaintiff,
5
v.

CERTIFICATE OF SERVICE

6
7

SHAWN HATTON, et al.,
Defendants.

8
9
10

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.

United States District Court
Northern District of California

11
12
13
14
15

That on August 30, 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

Derrick L. Johnson ID: AY7574
Salinas Valley State Prison
P.O. Box 1050
Soledad, CA 93960

19
20
21

Dated: August 30, 2016

22
23

Susan Y. Soong
Clerk, United States District Court

24
25
26
27

By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

28
2