Barton v. Board of Parole Hearings

Filing 6

ORDER DISMISSING CASE. Signed by Chief Magistrate Judge Joseph C. Spero on 6/30/17. (klhS, COURT STAFF) (Filed on 6/30/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WILLIAM RAY BARTON,

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Petitioner,

Case No. 17-cv-02827-JCS (PR)

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v.

ORDER OF DISMISSAL

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BOARD OF PAROLE HEARINGS,

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Respondent.
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Petitioner has not complied with the Court’s order to (1) perfect his application to

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United States District Court
Northern District of California

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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 he did not file the IFP application form, though he did

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file a prison trust account statement and a Certificate of Funds. Accordingly, the action is

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DISMISSED without prejudice for failing to respond to the Court’s order, and for failure

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to prosecute, 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 (1) a properly completed and signed IFP

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application form, or (2) full payment for the $5.00 filing fee.

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The Clerk shall enter judgment in favor of respondent, and close the file.

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IT IS SO ORDERED.

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Dated: June 30, 2017
_________________________
JOSEPH C. SPERO
Chief Magistrate Judge

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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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WILLIAM RAY BARTON,

Case No. 17-cv-02827-JCS

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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BOARD OF PAROLE HEARINGS,
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 30, 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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William Ray Barton ID: B71646
California State Prison-Sacramento
P.O. Box 290066
Represa, CA 95671

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Dated: June 30, 2017

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Susan Y. Soong
Clerk, United States District Court
By:________________________
Karen Hom, Deputy Clerk to the
Honorable JOSEPH C. SPERO

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