Owens v. City of Menlo Park Police Department

Filing 15

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

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KENNETH OLIVER OWENS,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 16-cv-03638-JD

ORDER OF DISMISSAL

v.

Re: Dkt. No. 2
CITY OF MENLO PARK POLICE
DEPARTMENT,
Defendant.

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This case was opened when plaintiff submitted a civil complaint cover letter to the Court.

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In an effort to protect his rights, it was filed as a new case. Plaintiff was advised that he needed to

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file a formal complaint and was given twenty-eight days to do so. He also was sent a notice that

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he had not paid the filing fee or submitted a complete application for leave to proceed in forma

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pauperis (“IFP”); again, he was allowed twenty-eight days to either pay the fee or file the

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application. A copy of the Court’s form for applications to proceed IFP was provided with the

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notice, along with a return envelope.

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More than twenty-eight days has passed and while plaintiff has submitted a complaint, he

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has not paid the filing fee or filed an application to proceed IFP. Therefore, this case is

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DISMISSED without prejudice and the incomplete motion to proceed IFP (Docket No. 2) is

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DENIED. No fee is due. The Clerk shall close the file.

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IT IS SO ORDERED.
Dated: August 30, 2016

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JAMES DONATO
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KENNETH OLIVER OWENS,

Case No. 16-cv-03638-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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CITY OF MENLO PARK POLICE
DEPARTMENT,
Defendant.
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

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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.

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Kenneth Oliver Owens ID: Prisoner Id 290606
Maguire Correctional Facility
300 Bradford Street
Redwood City, CA 94063

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Dated: August 30, 2016

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Susan Y. Soong
Clerk, United States District Court

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

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