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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROBERT M. STEWARD,

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Petitioner,

Case No. 17-cv-02747-JCS (PR)

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v.

ORDER OF DISMISSAL

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CLARK DUCART,

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Respondent.
United States District Court
Northern District of California

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Dkt. No. 4

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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. Nor does it contain a prison trust account statement that shows the

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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 the two documents noted above, or full payment

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for the filing fee of $5.00.

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Petitioner’s IFP application (Dkt. No. 4) is DENIED as insufficient.

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The Clerk shall terminate Dkt. No. 4, enter judgment in favor of respondent, and

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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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close the file.
IT IS SO ORDERED.
Dated: June 29, 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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ROBERT M. STEWARD,

Case No. 17-cv-02747-JCS

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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CLARK DUCART,
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 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.

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Robert M. Steward ID: ID: AX9179
Pelican Bay State Prison
P.O. Box 7500
Crescent City, CA 95532

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Dated: June 29, 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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