Rincon v. Humbolt County Correctional Facility

Filing 18

ORDER DISMISSING CASE. Signed by Judge William Alsup on 5/10/17. (Attachments: # 1 Certificate/Proof of Service)(dl, COURT STAFF) (Filed on 5/11/2017)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 ARTHUR D. RINCON, No. C 17-0463 WHA (PR) 10 Plaintiff, ORDER OF DISMISSAL 11 For the Northern District of California United States District Court 9 12 13 14 15 16 v. HUMBOLDT COUNTY CORRECTIONAL FACILITY; D. TWITCHELL; J. MENDEZ; CHRISTIAN; LUND; FLINT; HAMMER; CORRAL; BENGE; CHRISTIANSEN; NUNEMANN; DYERS; GARCIA; MENDEBURU; SINTIC; DOES (Dkt. No. 9) Defendant. / 17 18 Plaintiff, a Humboldt County Jail inmate, filed this civil rights action on January 30, 19 2017. On the same day, the clerk notified plaintiff that he must submit either the filing fee or a 20 completed application to proceed in forma pauperis (“IFP”). Along with this notice, the clerk 21 mailed to plaintiff an IFP application, instructions, and a stamped return envelope. The 22 instructions informed plaintiff that in order to complete the IFP application, he would have to 23 submit a certificate of the funds in his trust account completed and signed by an authorized jail 24 official, as well as a statement from his inmate trust account showing transactions for the last 25 six months. The notice informed plaintiff that the case would be dismissed if he did not either 26 pay the fee or file the completed IFP application, including the trust account statement and 27 signed certificate of funds form, within 28 days. Plaintiff has filed a partially completed IFP 28 application. That is, he filed the court’s IFP form completed by him with an unsigned 1 certificate of funds and no trust account statement. He has also not paid the filing fee. As 2 more than 28 days have passed and plaintiff has not filed a completed IFP application, paid the 3 filing fee, shown cause why not, or requested an extension of time to do so, this case is 4 DISMISSED without prejudice. 5 The Clerk shall enter judgment and close the file. 6 IT IS SO ORDERED. 7 Dated: May 8 10 , 2017. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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