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)

Download PDF
1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 RAUL RIVERA CHAVEZ, 9 Plaintiff, 10 ORDER OF DISMISSAL v. 11 United States District Court Northern District of California Case No.17-cv-00571-JSC 12 SANTA CLARA SUPERIOR COURT, et al., 13 Defendants. 14 Plaintiff, an inmate at the Elmwood Correctional Facility in Milpitas, California, who is 15 16 proceeding pro se, filed this civil rights action under 42 U.S.C. § 1983.1 On February 3, 2017, the 17 Clerk notified Plaintiff that he had neither paid the filing fee nor completed an application to 18 proceed in forma pauperis (“IFP”). Specifically, the Clerk informed Plaintiff that he had not 19 submitted the correct IFP form, that he had not submitted a certificate of funds signed by a jail 20 official, and that he had not submitted the required trust account statement. The Clerk mailed 21 Plaintiff the proper IFP form along with the deficiency notice, instructions for completing the 22 form, and a stamped return envelope. The notice informed him that the case would be dismissed if 23 he did not either pay the filing fee or file the required IFP application, including the certificate of 24 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 25 26 response has been received. As Plaintiff has not paid the filing fee, completed his IFP application, 27 1 28 Petitioner has consented to the jurisdiction of a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). (Dkt. No. 11.) 1 or shown cause why not, this case is DISMISSED without prejudice to filing the complaint in a 2 new case in which he either pays the filing fee or submits a complete IFP application. 3 The Clerk shall enter judgment and close the file. 4 IT IS SO ORDERED. 5 Dated: May 15, 2017 6 7 JACQUELINE SCOTT CORLEY United States Magistrate Judge 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?