Phillips v. Hoyt et al
Filing
7
ORDER OF DISMISSAL. Signed by Judge Joseph C. Spero on 4/25/2017. (afmS, COURT STAFF) (Filed on 4/25/2017)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
10
NORRIAN B. PHILLIPS,
11
United States District Court
Northern District of California
Plaintiff,
Case No. 17-cv-01219-JCS (PR)
12
v.
ORDER OF DISMISSAL
13
HOYT, et al.,
14
Defendants.
15
Dkt. Nos. 2 and 6
16
Plaintiff has failed to comply with the Court’s order to (1) perfect his application to
17
18
proceed in forma pauperis (“IFP”), or (2) pay the full filing fee of $400.00. His IFP
19
application is incomplete because it does not contain a Certificate of Funds that has been
20
completed and signed by an authorized prison officer. The one submitted is blank.
21
Accordingly, the action is DISMISSED without prejudice for failing to respond to the
22
Court’s order, and for failure to prosecute, see Fed. R. Civ. P. 41(b). 1 Because this
23
dismissal is without prejudice, plaintiff may move to reopen the action. Any such motion
24
must contain (1) a properly completed Certificate of Funds; or (2) full payment for the
25
filing fee of $400.00.
26
1
27
28
Plaintiff consented to magistrate judge jurisdiction. (Docket No. 5.) The magistrate
judge, then, has jurisdiction to decide this motion, even though defendants have not been
served or consented to magistrate judge jurisdiction. See Neals v. Norwood, 59 F.3d 530,
532 (5th Cir. 1995)
1
Plaintiff’s IFP application (Docket Nos. 2 and 6) is DENIED as insufficient. The
2
Clerk shall terminate Dkt. Nos. 2 and 6, enter judgment in favor of defendants, and close
3
the file.
4
5
IT IS SO ORDERED.
Dated: April 25, 2017
_________________________
JOSEPH C. SPERO
Chief Magistrate Judge
6
7
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?