Moody V. Woods

Filing 5

ORDER DISMISSING CASE. Signed by Judge James Donato on 8/8/17. (lrcS, COURT STAFF) (Filed on 8/8/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 RONNIE LEE MOODY, Plaintiff, 8 9 10 United States District Court Northern District of California 11 Case No. 17-cv-03380-JD ORDER OF DISMISSAL v. WOODS, Defendant. 12 13 Plaintiff, a state prisoner, has filed a civil rights action. Plaintiff was sent a notice that he 14 had not paid the filing fee or submitted a complete application for leave to proceed in forma 15 pauperis (“IFP”). He was allowed twenty-eight days to either pay the fee or file a proper 16 application with all the required documents. More than twenty-eight days has passed and plaintiff 17 has not paid the fee or filed a complete application to proceed IFP. Therefore, this case is 18 DISMISSED without prejudice. This case is also dismissed as duplicative because it raises the 19 same claims that were earlier filed in Moody v. Woods, No. 17-2688 JD. See Adams v. Cal. Dept. 20 of Health Services, 487 F.3d 684, 688 (9th Cir. 2007). To proceed with these claims plaintiff must 21 file an IFP application in the earlier filed case, Moody v. Woods, No. 17-2688. 22 23 IT IS SO ORDERED. Dated: August 8, 2017 24 25 26 27 28 JAMES DONATO United States District Judge 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 RONNIE LEE MOODY, Case No. 17-cv-03380-JD Plaintiff, 5 v. CERTIFICATE OF SERVICE 6 7 WOODS, Defendant. 8 9 10 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. United States District Court Northern District of California 11 12 13 14 15 That on August 8, 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 Ronnie Lee Moody CDC #AX 4388 P.O. Box #4610 Lancaster, CA 93536 19 20 21 Dated: August 8, 2017 22 23 Susan Y. Soong Clerk, United States District Court 24 25 26 27 By:________________________ LISA R. CLARK, Deputy Clerk to the Honorable JAMES DONATO 28 2

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