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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RONNIE LEE MOODY,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 17-cv-03380-JD

ORDER OF DISMISSAL

v.
WOODS,
Defendant.

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Plaintiff, a state prisoner, has filed a civil rights action. Plaintiff was sent a notice that he

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had not paid the filing fee or submitted a complete application for leave to proceed in forma

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pauperis (“IFP”). He was allowed twenty-eight days to either pay the fee or file a proper

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application with all the required documents. More than twenty-eight days has passed and plaintiff

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has not paid the fee or filed a complete application to proceed IFP. Therefore, this case is

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DISMISSED without prejudice. This case is also dismissed as duplicative because it raises the

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same claims that were earlier filed in Moody v. Woods, No. 17-2688 JD. See Adams v. Cal. Dept.

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of Health Services, 487 F.3d 684, 688 (9th Cir. 2007). To proceed with these claims plaintiff must

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file an IFP application in the earlier filed case, Moody v. Woods, No. 17-2688.

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IT IS SO ORDERED.
Dated: August 8, 2017

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JAMES DONATO
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RONNIE LEE MOODY,

Case No. 17-cv-03380-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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WOODS,
Defendant.

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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.

United States District Court
Northern District of California

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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.

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Ronnie Lee Moody
CDC #AX 4388
P.O. Box #4610
Lancaster, CA 93536

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Dated: August 8, 2017

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

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