Barton v. People of the State of California

Filing 6

ORDER DISMISSING CASE. Petitioner's IFP Application 2 is DENIED as insufficient. Signed by Chief Magistrate Judge Joseph C. Spero on 4/5/17. (klhS, COURT STAFF) (Filed on 4/5/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WILLIAM RAY BARTON,

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Petitioner,

Case No. 17-cv-00945-JCS (PR)

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v.

ORDER OF DISMISSAL

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PEOPLE OF THE STATE OF
CALIFORNIA,

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Respondent.

United States District Court
Northern District of California

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Dkt. No. 2

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Petitioner has failed to comply with the Court’s order to (1) perfect his application

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to proceed in forma pauperis (“IFP”), or (2) pay the full filing fee of $5.00. His IFP

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application is incomplete because it does not contain a Certificate of Funds signed by an

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authorized prison officer. Nor does it contain a prison trust account statement showing

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transactions for the last six months. Accordingly, the action is DISMISSED without

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prejudice for failing to respond to the Court’s order, and for failure to prosecute, see Fed.

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R. Civ. P. 41(b).1
Because this dismissal is without prejudice, petitioner may move to reopen the

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action. Any such motion must contain (1) a Certificate of Funds and a prison trust account

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statement, or (2) full payment for the filing fee of $5.00.

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Petitioner’s IFP application (Docket No. 2) is DENIED as insufficient.

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The Clerk shall terminate Docket No. 2, enter judgment in favor of respondent, and

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close the file.

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Petitioner consented to magistrate judge jurisdiction. (Dkt. No. 5.) The magistrate judge,
then, has jurisdiction to issue this order, even though respondents have not been served or
consented to magistrate judge jurisdiction. See Neals v. Norwood, 59 F.3d 530, 532 (5th
Cir. 1995).

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IT IS SO ORDERED.
Dated: April 5, 2017
_________________________
JOSEPH C. SPERO
Chief Magistrate Judge

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United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WILLIAM RAY BARTON,

Case No. 17-cv-00945-JCS

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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United States District Court
Northern District of California

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PEOPLE OF THE STATE OF
CALIFORNIA,
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.

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That on April 5, 2017, 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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William Ray Barton ID: B71646
Cal. State Prison-Sacramento
P.O. Box 290066
Represa, CA 95671

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Dated: April 5, 2017

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
Karen Hom, Deputy Clerk to the
Honorable JOSEPH C. SPERO

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United States District Court
Northern District of California

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