Barton v. Macomber et al

Filing 9

ORDER DISMISSING CASE. Signed by Chief Magistrate Judge Joseph C. Spero on 10/4/17. (klhS, COURT STAFF) (Filed on 10/4/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 WILLIAM RAY BARTON, Petitioner, Case No. 17-cv-04860-JCS (PR) 8 v. ORDER OF DISMISSAL 9 10 JEFF MACOMBER, et al., Respondents. United States District Court Northern District of California 11 12 13 Petitioner has not paid the filing fee by the deadline. Accordingly, this action is 14 DISMISSED without prejudice under Federal Rule of Civil Procedure 41(b) for failure to 15 prosecute. 16 Because this dismissal is without prejudice, petitioner may move to reopen the 17 action. Any such motion must be accompanied by full payment for the $5.00 filing fee. 18 The Clerk shall enter judgment in favor of respondents, and close the file. 19 IT IS SO ORDERED. 20 21 22 23 24 25 26 27 28 Dated: October 4, 2017 _________________________ JOSEPH C. SPERO Chief Magistrate Judge 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 WILLIAM RAY BARTON, Case No. 17-cv-04860-JCS Plaintiff, 8 v. CERTIFICATE OF SERVICE 9 10 JEFF MACOMBER, et al., Defendants. 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 October 4, 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 19 William Ray Barton ID: B-71646 California State Prison-Sacramento P.O. Box 290066 Represa, CA 95671 20 21 Dated: October 4, 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 2

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