Raul Rivera Chavez v. Santa Clara Superior Court et al

Filing 13

ORDER of Dismissal. Signed by Magistrate Judge Jacqueline Scott Corley on 5/15/2017. (Attachments: # 1 Certificate of Service)(ahm, COURT STAFF) (Filed on 5/15/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RAUL RIVERA CHAVEZ,

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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.17-cv-00571-JSC

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SANTA CLARA SUPERIOR COURT, et
al.,

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Defendants.

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Plaintiff, an inmate at the Elmwood Correctional Facility in Milpitas, California, who is

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proceeding pro se, filed this civil rights action under 42 U.S.C. § 1983.1 On February 3, 2017, the

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Clerk notified Plaintiff that he had neither paid the filing fee nor completed an application to

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proceed in forma pauperis (“IFP”). Specifically, the Clerk informed Plaintiff that he had not

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submitted the correct IFP form, that he had not submitted a certificate of funds signed by a jail

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official, and that he had not submitted the required trust account statement. The Clerk mailed

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Plaintiff the proper IFP form along with the deficiency notice, instructions for completing the

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form, and a stamped return envelope. The notice informed him that the case would be dismissed if

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he did not either pay the filing fee or file the required IFP application, including the certificate of

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funds form and trust account statement, within 28 days.
More than 28 days have passed since the deficiency notice was sent to Plaintiff, and no

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response has been received. As Plaintiff has not paid the filing fee, completed his IFP application,

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Petitioner has consented to the jurisdiction of a United States Magistrate Judge pursuant to 28
U.S.C. § 636(c). (Dkt. No. 11.)

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or shown cause why not, this case is DISMISSED without prejudice to filing the complaint in a

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new case in which he either pays the filing fee or submits a 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: May 15, 2017

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JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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United States District Court
Northern District of California

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