Herrera-Garcia v. Kern Valley State Prison

Filing 3

ORDER OF DISMISSAL. Case dismissed without prejudice. Signed by Judge Elizabeth D. Laporte on 4/3/2017. (Attachments: # 1 Certificate/Proof of Service)(afmS, COURT STAFF) (Filed on 4/4/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MANUEL HERRERA-GARCIA,
United States District Court
Northern District of California

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Case No. 17-cv-00841 EDL (PR)

Plaintiff,

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ORDER OF DISMISSAL

v.

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KERN VALLEY STATE PRISON,

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Defendant.
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On February 21, 2017, Plaintiff, an inmate at Kern Valley State Prison, filed a pro se civil

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rights complaint under 42 U.S.C. § 1983. 1 Plaintiff also filed an order dated January 27, 2017,
from the United States District Court for the Eastern District of California, in which Plaintiff was
authorized to proceed in forma pauperis (“IFP”) in a habeas proceeding. Dkt. No. 1 at 4. Upon
receipt of the filings, the Clerk sent a notice to Plaintiff informing him that he had failed to file an
IFP application in the instant proceedings, and that failure to file a complete IFP application
within 28 days would result in dismissal of the complaint. To date, Plaintiff has failed to file an
IFP application or have any further communication with this Court. Accordingly, this case is

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Plaintiff has consented to magistrate judge jurisdiction. Dkt. No. 1 at 9.

Case No. 17-cv-00841 EDL (PR)
ORDER OF DISMISSAL

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DISMISSED without prejudice. The Clerk shall terminate all pending deadlines and close the

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case.

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IT IS SO ORDERED.
DATED: April 3, 2017
ELIZABETH D. LAPORTE
UNITED STATES MAGISTRATE JUDGE

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United States District Court
Northern District of California

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Case No. 17-cv-00841 EDL (PR)
ORDER OF DISMISSAL

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