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)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NORRIAN B. PHILLIPS,

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United States District Court
Northern District of California

Plaintiff,

Case No. 17-cv-01219-JCS (PR)

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v.

ORDER OF DISMISSAL

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HOYT, et al.,

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Defendants.
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Dkt. Nos. 2 and 6

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

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proceed in forma pauperis (“IFP”), or (2) pay the full filing fee of $400.00. His IFP

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application is incomplete because it does not contain a Certificate of Funds that has been

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completed and signed by an authorized prison officer. The one submitted is blank.

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Accordingly, the action is DISMISSED without prejudice for failing to respond to the

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Court’s order, and for failure to prosecute, see Fed. R. Civ. P. 41(b). 1 Because this

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dismissal is without prejudice, plaintiff may move to reopen the action. Any such motion

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must contain (1) a properly completed Certificate of Funds; or (2) full payment for the

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filing fee of $400.00.

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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)

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Plaintiff’s IFP application (Docket Nos. 2 and 6) is DENIED as insufficient. The

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Clerk shall terminate Dkt. Nos. 2 and 6, enter judgment in favor of defendants, and close

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the file.

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IT IS SO ORDERED.
Dated: April 25, 2017
_________________________
JOSEPH C. SPERO
Chief Magistrate Judge

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United States District Court
Northern District of California

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