Steward v. Ducart

Filing 6

ORDER DISMISSING CASE. Petitioner's IFP Application 4 is DENIED as insufficient. Signed by Chief Magistrate Judge Joseph C. Spero on 6/29/17. (klhS, COURT STAFF) (Filed on 6/29/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 ROBERT M. STEWARD, 7 Petitioner, Case No. 17-cv-02747-JCS (PR) 8 v. ORDER OF DISMISSAL 9 CLARK DUCART, 10 Respondent. United States District Court Northern District of California 11 Dkt. No. 4 12 Petitioner has not complied with the Court’s order to (1) perfect his application to 13 14 proceed in forma pauperis (“IFP”), or (2) pay the full filing fee of $5.00. His IFP 15 application is incomplete because it does not contain a properly completed and signed 16 Certificate of Funds. Nor does it contain a prison trust account statement that shows the 17 transactions for the last six months. Accordingly, the action is DISMISSED without 18 prejudice for failing to respond to the Court’s order, and for failure to prosecute, see Fed. 19 R. Civ. P. 41(b).1 Because this dismissal is without prejudice, petitioner may move to reopen the 20 21 action. Any such motion must contain the two documents noted above, or full payment 22 for the filing fee of $5.00. 23 Petitioner’s IFP application (Dkt. No. 4) is DENIED as insufficient. 24 The Clerk shall terminate Dkt. No. 4, enter judgment in favor of respondent, and 25 26 27 28 1 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) 1 2 3 close the file. IT IS SO ORDERED. Dated: June 29, 2017 _________________________ JOSEPH C. SPERO Chief Magistrate Judge 4 5 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 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ROBERT M. STEWARD, Case No. 17-cv-02747-JCS Plaintiff, 8 v. CERTIFICATE OF SERVICE 9 10 CLARK DUCART, Defendant. United States District Court Northern District of California 11 12 13 14 15 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 June 29, 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. 16 17 18 Robert M. Steward ID: ID: AX9179 Pelican Bay State Prison P.O. Box 7500 Crescent City, CA 95532 19 20 21 Dated: June 29, 2017 22 23 Susan Y. Soong Clerk, United States District Court 24 25 26 By:________________________ Karen Hom, Deputy Clerk to the Honorable JOSEPH C. SPERO 27 28 3

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