Brown v. Baughman
Filing
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ORDER DISMISSING CASE without prejudice. DENYING as insufficient Petitioner's IFP Applications 2 and 7 and DENYING without prejudice 9 Motion for Appointment of Counsel. Signed by Chief Magistrate Judge Joseph C. Spero on 5/2/17. (klhS, COURT STAFF) (Filed on 5/2/2017)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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KENNY M. BROWN,
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Petitioner,
Case No. 17-cv-01409-JCS (PR)
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v.
ORDER OF DISMISSAL
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DAVID BAUGHMAN,
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Respondent.
United States District Court
Northern District of California
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Dkt. Nos. 2, 7 and 9
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Petitioner has not complied 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 $5.00. His IFP
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application is incomplete because it does not contain a properly completed and signed
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Certificate of Funds. The one submitted is blank. Accordingly, the action is DISMISSED
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without prejudice for failing to respond to the Court’s order, and for failure to prosecute,
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see Fed. 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 a properly completed and signed Certificate of
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Funds, or full payment for the filing fee of $5.00.
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Petitioner’s IFP application (Dkt. Nos. 2 and 7) is DENIED as insufficient.
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His motion for the appointment of counsel (Dkt. No. 9) is DENIED without
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prejudice. Petitioner may file a new motion when he files his IFP paperwork.
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Petitioner consented to magistrate judge jurisdiction. (Dkt. No. 5.) The magistrate judge,
then, has jurisdiction to decide this motion, even though respondent has 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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The Clerk shall terminate Dkt. Nos. 2, 7 and 9, enter judgment in favor of
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respondent, and close the file.
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IT IS SO ORDERED.
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Dated: May 2, 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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KENNY M. BROWN,
Case No. 17-cv-01409-JCS
Plaintiff,
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v.
CERTIFICATE OF SERVICE
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DAVID BAUGHMAN,
Defendant.
United States District Court
Northern District of California
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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on May 2, 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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Kenny M. Brown ID: ID: V22473
CMC-East Facility (Cell # 5134)
P.O. Box 8101
San Luis Obispo, CA 93409-8101
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Dated: May 2, 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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